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AN ANALYSIS AND INTERPRETATION 

OF THE 

PROVISIONS of the PRIMARY 
ELECTION LAW, CORRUPT 
PRACTICES ACT AND THE 
FEDERAL ELECTION LAW 


By Lewis A. Burleigh 
of Augusta, Member 
of the Kennebec Bar 


Published by BURLEIGH & FLYNT 
AUGUSTA, - MAINE 

PRICE $1.00 


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AN ANALYSIS AND INTERPRETATION 

OF THE 

PROVISIONS of the PRIMARY 
ELECTION LAW, CORRUPT 
PRACTICES ACT AND THE 
FEDERAL ELECTION LAW 


By Lewis A. Burleigh 
of Augusta, Member 
of the K ennebec Bar 



Published by BURLEIGH & FLYNT 
AUGUSTA, - MAINE 

PRICE $1.00 


Copyright 1912 by Lewis A. Burleigh 
Augusta, Maine 






TABLE OF CONTENTS. 


PRELIMINARY SUMMARY OF THE THREE ACTS. 

DETAILED ANALYSIS AND INTERPRETATION OF THE 

LAWS. 

Par. 

In General: 

Nature of the Primary Election Law. i 

Nature of the Corrupt Practices Act. 2 

Nature of the Federal Act. ? 

Practical Application of the Three Acts. 4 

Text of Acts Where Given; Abbreviations., . 5 

Political Conventions: 

State Conventions . 6 

District and County Conventions. 7 

Political Caucuses: 

Not Affected by Primary Election Law. 8 

Nomination Papers under Australian Ballot Law: 

May Still be Filed. 9 

Political Committees in General: 

When Subject to Federal Act. 10 

State Committees: 

How Chosen . 11 

Number and Status of Such Committees. 12 

Organization . 13 

Vacancies How Filled. 14 

General Powers and Duties. 15- 

Have Nothing to do with Primaries. 16 

Powers and Duties at Other Elections. 17 

May Solicit Contributions, with Certain Exceptions.... 18 

Effect of Soliciting Contributions Outside of State. 19 

Should Appoint One or ' More Treasurers. 20 

Written Designation of Treasurer to be Filed. 21 

Only the Treasurer Can Receive or Disburse Money.... 22 

Returns . 23 

Liabilities . 24 

District and County Committees: 

Powers, Duties and Liabilities. 25 

Cannot Solicit Contributions from Candidates. 26 

City, Ward, Town, Plantation and Representative Class Com¬ 
mittees: 

How Chosen . .. 27 

Number and Status of Such Committees. 28 

Organization . 29 

Vacancies How Filled. 30 

© Cl. A 312 2 8 ? C/ „ 

































CONTENTS iii 

General Powers and Duties. 31 

Must Elect a Chairman and Secretary. 32 

Representative Class Committees Cannot Solicit Contri- 

. butions from Candidates. 33 

Other Powers, Duties and Liabilities. 34 

“Political Committees” of Candidates: 

How Created . 35 

Number and Status of Such Committees. 36 

Organization and Filling of Vacancies. 37 

They Cannot Solicit Contributions from Candidates.... 38 

Powers, Duties and Liabilities. 39 

Treasurers of Political Committees: 

How Appointed . 40 

Must File Written Designation Before Election. 41 

May Act Before Filing Designation. 42 

General Powers and Duties.. 43 

Have Nothing to do with Primaries. 44 

List of Legitimate Expenditures. 45 

Hiring Public Halls and Music for Conventions, Pub¬ 
lic Meetings and Public Primaries, and Advertis¬ 
ing the Same by Posters or Otherwise. 45 

Printing and Circulating Political Newspapers, Pam¬ 
phlets and Books. 46 

Printing and Distributing Ballots and Pasters. 47 

Renting Rooms to be Used by Political Committees 45 
Compensating Clerks and Other Persons Employed 

in Committee Rooms and at the Polls. 48 

Traveling Expenses of Political Agents, Committees 

and Public Speakers. 49 

Necessary Postage, Telegrams, Telephones, Printing, 

Express and Conveyance Charges. 50 

Incidental Expenses . 51 

Surplus Funds . 52 

Returns .. 53 

Liabilities .'. 54 

Political Agents: 

Definition, and Method of Appointment. 55 

Must File Written Designation Before Election. 56 

Candidates Can Act as Their Own Political Agents.... 57 

Powers, Duties and Liabilities. 58 

Surplus Funds . 59 

Candidates: 

How and When Nominated. 60 

Become “Candidates” When. 61 

Proceedings in Case of Death or Withdrawal. 62 

Result of Primary Election How Determined. 63 

Primary Election Returns How Corrected. 64 

Candidates to File Acceptance. 65 

Candidates May Organize Clubs. 66 

pf 





































IV 


CONTENTS 


May Appoint Others Their Political Agents. 67 

Their Political Agents May Act Before Filing Designation 68 

Need not Officially Appoint Mere Assistants. 69 

May Act as Their Own Political Agents. 7 ° 

Legitimate Expenditures for Primary Elections. 7 1 

Limitation of Expenditures and Liabilities. 7 2 

Ten Per Cent Limit of Miscellaneous Items. 73 

Liabilities Incurred, or Payments Promised. 71 

Excessive Expenditures for Primaries Forfeit the Elec¬ 
tion . 75 

“Printing” . 7 1 

“Clerk Hire” ....'. 76 

“Newspaper Advertising” . 77 

“Hall Rent” . 71 

“Soliciting Agents” . 78 

“Miscellaneous” . 7 1 

Ante-Nomination Expenditures . 79 

Can Contribute Campaign Funds to Whom. 80 

Expenditures for Legal Services. 81 

Expenditures Under the Federal Law. 82 

Candidates Who are Their Own Political Agents May 

Receive Contributions . 83 

Surplus Funds . 84 

Returns by Candidates . 85 

Liabilities . 86 

Voters: 

Registration for Primary Elections. 87 

Enrollment for Primary Elections. 88 

Method of Voting at Primary Elections. 89 

Liabilities . 90 

Public and Election Officials: 

Usual Provisions in Force at Primary Elections. 91 

Governor . 92 

Governor and Council . 93 

Secretary of State . 94 

Mayor and Aldermen . 95 

Selectmen . 96 

Assessors of Plantations . 97 

Boards of Registration . 98 

City, Town and Plantation Clerks. 99 

Wardens . # . foo 

Ward Clerks . 101 

Ballot Clerks . 102 

Forms May be Obtained from Secretary of State. 103 

Note as to New Ballot Law of 1912. X04 

Full Text of Primary Election Law.Page 30 

Corrupt Practices Act.Page 42 

Federal Statute .Page 46 

Index.Page 51 














































ANALYSIS AND INTERPRETATION 

of the 

NEW PRIMARY ELECTION LAW, CORRUPT PRACTICES 

ACT, AND FEDERAL ACT RELATING TO PUBLICITY 
OF CONTRIBUTIONS AND CAMPAIGN EXPENSES. 

Compiled by 

Lewis A. Burleigh, of the Kennebec Bar. 

Prefatory Note: The following compilation is an attempt to 
answer some of the questions frequently asked with reference to 
the construction and operation of these three new laws. Members 
of the legal profession will appreciate the peculiar difficulties at¬ 
tending the task in view of the utter absence of judicial interpreta¬ 
tion either in Maine or in Connecticut, from which State we bor¬ 
rowed our Corrupt Practices Act. The compiler asks their in¬ 
dulgence, and that of the general public, for any errors that may 
be discovered, and corrections will be most gratefully received. 
His thanks are specially due to Hon. Herbert M. Heath of the 
Kennebec Bar, without whose valuable and patient criticism and 
advice the task would never have been undertaKen. 

MEMORANDUM: See note, paragraph 104, as to 1912 Ballot 
Law. 


PRELIMINARY SUMMARY OF THE THREE ACTS. 

The Primary Election Law does away with nominating caucuses 
and conventions, so far as candidates for United States Senator, 
Representatives to Congress and to the State Legislature and all 
State and County officers (other than State officers elected by the 
legislature) are concerned and provides for their nomination at a 
primary election to be held biennially at the polls throughout 
the State on the third Monday of June. Whenever at the regular 
session of the Legislature next to meet after any primary election 
one or more United States Senators are to be elected, candidates 
for that office are nominated at the June primary, and not at 
Legislative caucuses as heretofore. The act does not apply to 
city, town or plantation officers, who will continue to be nom¬ 
inated in the usual manner. State, District, and County con¬ 
ventions will still be held, but they cannot, as heretofore, nominate 



2 


new election laws 


candidates., their business being confined to the adoption of party 
platforms, together with other business specified by the statute, 
or not inconsistent therewith. 

The purpose of the Primary Election Law is that each political 
party shall nominate its own candidates at the June primary to 
be subsequently voted for in the usual manner at the September 
election, or, in the case of United States Senators, to be subse¬ 
quently voted for by the legislature. The June primary is in effect 
a separate election by each party to determine its own nominees 
for office, though held at but one time and place. For this reason, 
except in towns and plantations having 2000 inhabitants or less, 
voters must not only be registered in the usual way, but must also 
be enrolled as members of some political party. Any registered 
voter, however, who has not been so enrolled may be enrolled on 
primary election day by the ballot clerk. 

The duly registered and enrolled voter will be given a ballot of 
the political party to which he belongs. Each political party will 
have a separate ballot, different in color from that of other politi¬ 
cal parties. Having received his ballot, the voter will proceed to 
vote for the persons whom he desires to be the candidates of his 
party for the various offices to be filled. The method of marking 
his ballot differs from that employed at other elections, an im¬ 
portant change from the method prescribed by the Australian 
Ballot Law having been made in this particular. This matter is 
fully explained in Paragraph 89. 

Section 29 of the Primary Election Law reads as follows: 

“Sec. 29. Every political party entitled by law to representation 
upon the official ballot at State elections held biennially on the 
second Monday in September, or at any special election for State 
or County officers or for members of Congress or members of the 
legislature, shall nominate all its candidates for such offices, to be 
voted for at such elections, under the provisions of this act and not . 
in any other manner.” 

Observe that the provision is that “political parties” must so 
nominate. There is not only nothing to prevent the nomination 
of candidates for the September election by means of nomination 
papers, as heretofore provided in the Australian Ballot Law, but 
the Primary Election Law expressly permits this to be done. See 
Paragraph 9. Such nomination papers entitle the candidate to 
have his name placed upon the ballot for the September election. 
They should not be confused with the nomination papers referred 
to in Section 5 of the Primary Election Law, which are designed 
to enable the candidate to have his name placed upon the primary 
election ballot for the June primary. For details of these primary 
nomination papers, see Paragraph 60. To be effective, the nomina¬ 
tion papers must be accompanied by the candidate’s written con¬ 
sent. and in this connection a practical suggestion to candidates 
may not be amiss. When sending out their nomination papers, 
(which they may procure from the Secretary of State) for circula¬ 
tion, they should not sign in advance the written consent printed 


NSW election LAWS 


3 


thereon, ' otherwise the parties circulating the papers might inad¬ 
vertently return them directly to the Secretary of State, instead of 
to the candidate, and perhaps involve the latter in some difficulty 
by overrunning the two per cent maximum limit of signatures 
prescribed in Section 5 of the Primary Election Law. 

The duties, rights and liabilities of candidates are considered at 
length in paragraphs 60 to 86 inclusive. 

The general nature and application of the Corrupt Practices Act, 
and of the Federal Act, are pointed out in paragraphs 2, 3, and 
4. The last named act imposes certain affirmative duties upon can¬ 
didates for Representative in Congress and for United States Sen¬ 
ator, which will be noted in the appropriate paragraphs of this 
compilation. As a general proposition, however, the Federal Act 
applies to persons other than such candidates, and to political 
committees, only in case of their “influencing or attempting to 
influence in two or more States the result of an election at which 
Representatives in Congress are to be elected.” 


DETAILED ANALYSIS AND INTERPRETATION OF THE 

LAWS. 

IN GENERAL. 

1. Nature of the Primary Election Law —The Primary Election 
Law was submitted to popular vote under the initiative provision 
of the Constitution of Maine, and was adopted by vote of the 
qualified voters of the state at the special election held on 
September 11, 1911. On September 28, 1911, it was proclaimed 
by the Governor, and took effect thirty days after said proclama¬ 
tion. It provides for the nomination of candidates of political 
parties by primary elections held at the regular voting places 
throughout the state. These elections are held biennially, on the 
third Monday of June. The law applies to the nomination of can¬ 
didates for United States Senator, Representatives to Congress 
and to the state legislature, and all state and county officers, other 
than State officers elected by the legislature. It does not apply to 
the nomination or election of city, town, or plantation officials or 
to State officers elected by the legislature. 

Important Note—In 1911 the legislature passed an Act, approved 
March 31, 1911, entitled: “An Act to Provide for the Nomination of 
Party Candidates by Direct Primary.” (Public Laws of 1911, Ch. 199). 
This Act was known as the “Pennell Act.” The Primary Election Law 
which we are considering in this compilation, and which is known as 
the “Davies Act,” was adopted by popular vote at the special election 
held on Sept. 11, 1911, (See Par. 1). It is an act complete in all respects, 
and designed to cover the whole subject matter of primary elections. 
On familiar principles of statutory construction, it must be deemed to 
have completely superseded and repealed the “Pennell Act.” Through¬ 
out this compilation, therefore, the “Davies Act” is the primary election 
law, and the only one, that is considered or discussed. 



4 


NEW ELECTION LAWS 


2. Nature of the Corrupt Practices Act—This act (Chapter 122 
of the Public Laws of 1911) has for its object the elimination of 
corrupt practices at elections, primary or otherwise. It was ap¬ 
proved March 29, 1911. Its general scope is thus stated in Sec¬ 
tion 1: 

“The provisions of this act shall apply to the election of all 
officers for whom ballots shall be cast pursuant to the provisions 
of chapter six of the revised statutes and to the elections of all 
officers to be voted for by the legislature or either branch thereof, 
the board of aldermen, municipal officers, common council or city 
council of any city, to all caucuses and primary elections preliminary 
to any such other elections and to all candidates to be voted for 
at such elections, caucuses and primary elections. The term 
‘caucuses and primary elections’ shall include: (a) all meetings held 
to nominate a candidate for office or to elect delegates to a nom¬ 
inating convention; (b) nominating conventions of such delegates; 
and (c) caucuses of members of the legislature or either branch 
thereof, of the board of aldermen, common council or city council 
of any city.” 

The act was taken bodily, with a few slight changes, and the 
omission of Sections 13 to 17 inclusive, from Chapter 280 of the 
Public Acts of Connecticut of 1905. The Connecticut act has been 
very materially amended at each of the legislative sessions of 1907, 
1909 and 1911 in that state. Several of these amendments are 
quoted and commented upon under appropriate paragraphs in this 
compilation. 

3. Nature of the Federal Act—This act (36 U. S. Statutes at 
Large, Ch. 392) was approved June 25, 1910, and is entitled: “An 
Act Providing for Publicity of Contributions made for the Purpose 
of Influencing Elections at which Representatives in Congress are 
Elected.” It was amended and extended by the act of Congress 
approved August 19, 1911. 

4. Practical Application of the Three Acts—Section 28 of the 
Primary Election Law repeals all acts or parts of acts inconsistent 
with or contrary to its provisions. Such portions of the Corrupt 
Practices Act as cannot be harmonized with its provisions are 
therefore repealed. The result is that primary elections are gov¬ 
erned by the Primary Election Law, together with such provisions 
of the Corrupt Practices Act as are not inconsistent therewith, 
and by the Federal Act, so far as applicable. As to all other 
elections, the Corrupt Practices Act, and the Federal Act, so far 
as applicable, are in force, but the Primary Election Law has no 
application thereto. 

5. Text of Acts Where Given; Abbreviations—These acts are 
printed in full at the end of this pamphlet. The letters “P”, “C”, and 
“U. S.” are used to designate respectively the Primary Election 
Law (page 30), the Corrupt Practices Act (page 42) and the Fed¬ 
eral Act (page 46). 

POLITICAL CONVENTIONS. 

6. State Conventions—Each party holds a state convention in 
each year in which a state election is held for the purpose of for- 


new election LAWS 


5 


mulating and adopting a platform (which must be certified to the 
Secretary of State), electing state, district and county committees, 
and transacting any other business not inconsistent with the pro¬ 
visions of the Primary Election Law. The convention must be 
held not less than sixty nor more than ninety days before the 
third Monday in June. The convention can make no nominations 
of candidates for office, except in case of the death or withdrawal 
of a candidate to be voted upon by the voters of the state at 
large before the gubernatorial election, in which case they may 
meet and fill the vacancy if the time is sufficient therefor. (P Secs. 
2 and 22). 

7. District and County Conventions —The Primary Election Law, 
except as noted below, in no way regulates such conventions. 
They may formulate and adopt resolutions, and transact any other 
business not inconsistent with the provisions of Section 2 of the 
Primary Election Law. They can make no nominations of candi¬ 
dates for office, except in case of the death or withdrawal of a 
candidate to be voted upon by the voters of the district, or county, 
as the case may be, before the gubernatorial election, in which case 
they may meet and fill the vacancy if the time is sufficient therefor. 
(P Sec. 22). 


POLITICAL CAUCUSES. 

8. Not Affected by Primary Election Law —The Primary Elec¬ 
tion Law does not apply to the nomination or election of city, 
town or plantation officers. Such officers may be nominated at 
caucuses or otherwise as heretofore, and the provisions of law 
relative to such caucuses remain in force. Legislative caucuses, 
however, for the nomination of candidates for United States Sen¬ 
ator, are done away with. (P Secs. 1, 7 and 16). But they may 
still be held for the nomination of State officers to be elected by 
the legislature. 

NOMINATION PAPERS UNDER AUSTRALIAN 

BALLOT LAW. 

9. May Still be Filed. —“Nothing in this act shall be construed 
as preventing the nomination of candidates under section four 
of chapter six of the Revised Statutes.” (P Se,c. 1). The section 
in question reads as follows: 

“Sec. 4. Nominations of candidates for any offices to be filled 
by the voters of the state at large, may be made by nomination 
papers signed in the aggregate for each candidate by not less than 
one thousand qualified voters of the state. Nominations of candi¬ 
dates for electoral districts or divisions of the state, or for munici¬ 
pal or ward officers, may be made by nomination papers signed in 
the aggregate for each candidate, by qualified voters of such district 
or division not less in number than one for every one hundred 
persons who voted at the next preceding gubernatorial election in 
such district or division, but in no case less than twenty-five. In 
the case of a first election to be held in a plantation, town or 


6 


new election laws 


ward newly established, the number of twenty-five shall be suffi¬ 
cient for the nomination of a candidate who is to be voted for only 
in such plantation, town or ward; and in the case of a first election 
in a district or division newly established, other than a plantation, 
town or ward, the number of twenty-five shall be sufficient. Each 
voter signing a nomination paper shall make his signature in per¬ 
son, and add to it his place of residence, and each voter may sub¬ 
scribe to one nomination for each office to be filled, and no more. 
The nomination papers shall before being filed, be respectively 
submitted to the clerks of the cities, towns or plantations in which 
the signers purport to be qualified voters, and each clerk to whom 
the same is submitted shall forthwith certify thereon what number 
of the signatures are names of qualified voters both in the city, 
town or plantation for which he is a clerk and in the district or 
division for which the nomination is made; one of the signers to 
each such separate paper shall swear to the truth thereof, and the 
certificate of such oath shall be annexed to or made upon the nom¬ 
ination papers.” 

POLITICAL COMMITTEES IN GENERAL. 

10. When Subject to Federal Act —The Federal statute applies 
to “the national committees of all political parties and the national 
congressional campaign committees of all political parties and all 
committees, associations or organizations which shall in two or 
more states influence the result or attempt to influence the result 
of an election at which Representatives in Congress are to be 
elected.” (U. S. Sec. i). If campaign funds are expended for intra¬ 
state purposes only, the Federal act does not apply. Committees 
and their treasurers who do fall within the terms of the act will 
find their duties and liabilities as to receipts, disbursements and 
returns fully set forth in the statute. (U. S. Secs, i to 7 inclusive, 
and 11). 

STATE COMMITTEES. 

11. How chosen —State Committees are chosen by the political 
parties at their State Conventions. Political parties are defined 
as those which “at the gubernatorial election next preceding any 
such primary election polled at least one per cent of the entire 
vote cast in the state for Governor.” (P Secs. 1 and 2). 

12. Number and Status of Such Committees —There can be but 
one State Committee for each party, namely, that chosen as stated 
in paragraph 11. They are a “political committee” within the 
meaning of the Corrupt Practices Act, and a “regularly elected 
general or executive committee” within the meaning of the Austra¬ 
lian Ballot Law and the Primary Election Law. (P Secs. 3 and 4; 
C Sec. 2). 

I 3 - Organization —As soon as reasonably practicable after their 
names have been certified to the Secretary of State, they must 
organize by the choice of a chairman and secretary, and certify 
such organization to the Secretary of State. (P Sec. 2). 

14. Vacancies How Filled— All vacancies in the State Com¬ 
mittees for unexpired terms are filled by the county committees 


NEW election laws 7 

of the counties wherein such vacancies occur, and due certificate 
thereof made to the Secretary of State. (P Sec. 2). 

15. General Powers and Duties—They may, in addition to the 
chairman and secretary, elect all other officers deemed needful, 
hold office until the next state convention, and perform such 
duties as may be imposed upon them by their respective state 
conventions. (P Sec. 2). 

16. Have Nothing to do with Primaries—They have no duties 
in connection with primary elections, and no right to expend any 
money therefor, (P Secs. 18, 19, 21 and 28) except that in certain 
cases of death or withdrawal of candidates they may fill the 
vacancy if the time is insufficient for filling it in the manner 
provided for the original nomination. (P Secs. 6 and 22). 

17. Powers and Duties at Other Elections—At state elections 
other than primaries they conduct the campaign with the same 
powers and duties as hitherto, except as hereinafter stated. 

18. May Solicit Contributions, With Certain Exceptions—They 
may, except as stated below, solicit contributions for campaign pur¬ 
poses, other than for primary elections, from any persons, can¬ 
didates included. Such contributions, however, must be received 
only by the treasurer of the Committee and in the name of the 
person making the contribution, and disbursed only by such treas¬ 
urer. See paragraph 22. But a member of the Committee may 
accept contributions for the treasurer, turning them over to him 
forthwith, and giving him the name of the donor. In primary 
elections, no person other than a candidate or his “political agent” 
can receive or disburse money. See paragraph 16. (C Secs. 3, 4, 
and 11, c, d, f). A law of the United States prohibits contribu¬ 
tions from corporations under the following circumstances (35 U. S. 
Statutes at Large, Ch. 321, Sec. 83): 

“It shall be unlawful for any national bank, or any corporation 
organized by authority of any law of Congress, to make a money 
contribution in connection with any election to any political office. 
It shall also be unlawful for any corporation whatever to make a 
money contribution in connection with any election at which Pres¬ 
idential and Vice-Presidential electors or a representative in Con¬ 
gress is to be voted for, or any election by any state legislature 
of a United States Senator. Every corporation which shall make 
any contribution in violation of the foregoing provisions shall be 
fined not more than five thousand dollars; and every officer or 
director of any corporation who shall consent to any contribution 
by the corporation in violation of the foregoing provisions shall be 
fined not more than one thousand dollars, or imprisoned not more 
than one year, or both.” 

19. Effect of Soliciting Contributions Outside of State—Under 
the Federal law returns of campaign expenditures are required 
from the treasurers of “all committees, associations or organiza¬ 
tions which shall in two or more states influence the result or 
attempt to influence the result of an election at which Representa¬ 
tives in Congress are to be elected.” The mere fact of receiving 
campaign contributions from outside the state would not impose 


8 


new election laws 


upon such treasurers the duty of making the Federal return, pro¬ 
vided the committee expended its funds for intra-state campaign 
purposes only. (U. S. Sec. i). 

20. Should Appoint One or More Treasurers —They should ap¬ 
point one or more treasurers, and may appoint several, there being 
no territorial or other limitation in this particular. The appoint¬ 
ment may be oral, and the treasurer may legitimately receive and 
disburse money prior to filing the written designation referred to 
in paragraph 21, provided the same is filed prior to the election 
for which he is appointed. The safer practice, of course, is to 
make the appointment in writing and to file it forthwith, before 
the treasurer enters upon his duties. (C Sec. 2). 

21. Written Designation of Treasurer to be Filed —“No person 
shall act as any such treasurer... .unless, after his appointment 
and before the election for which he is appointed, a writing desig¬ 
nating him as such treasurer . . . shall be filed with the Secretary 
of State.” (C Sec. 2). A separate designation must be filed for 
each particular period or election during which the treasurer is 
to serve. (C Sec. 2). 

22. Only the Treasurer Can Receive or Disburse Money —Except 
as stated in paragraph 18, no member of the Committee can law¬ 
fully receive or disburse its funds, that right and duty devolving 
upon the treasurer alone. (C Secs. 3, 4, and 11, d). 

23. Returns —No returns of expenditures, &c., are required of 
the Committee as such, that duty devolving upon the treasurer. 

24. Liabilities —There are no liabilities attaching to the mem¬ 
bers of the committee as such unless they become subject to the 
provisions of the Federal act in the manner pointed out in para¬ 
graph 10, in which case their duties and liabilities will be found 
in Sections 1 to 6 inclusive, and Section 11 of the Federal statute. 
For their liabilities as individuals, see paragraph 90. 


DISTRICT AND COUNTY COMMITTEES. 

25. Powers, Duties and Liabilities —Substituting for the word 

“State’ the words “District” and “County,” respectively, the 
powers, duties and liabilities of District and County Committees 
are precisely the same as those of the State Committee, paragraphs 
11 to 24 inclusive, except as stated in paragraph 26. 

26. Cannot Solicit Contributions from Candidates —Owing to a 
doubtless inadvertent omission in sub-section (c) of Section 11 of 
the Corrupt Practices Act, neither District, County, Representa¬ 
tive-Class or “Candidates” Committees can lawfully solicit cam¬ 
paign funds from candidates. The sub-section in question is one 
of several which enumerate corrupt practices, and reads as follows: 

“Every person, other than the political committees knowm as the 
national, congressional, state, town, city or ward, who shall solicit 
from any candidate for the office of elector of president and vice- 
president of the United States, of senator of the United States, or 
Representative in Congress, or of any state, county, town, city.’ or 


NEW ELECTION LAWS 


9 


ward office, any money, gift, contribution, emolument, or other 
valuable thing for the purpose of using the same for the support, 
assistance, benefit, or expenses of any club, company, or organi¬ 
zation, or for the purpose of defraying the cost or expenses of any 
political campaign or election.” 

It is true that Plantation Committees, also, are not in terms 
included in the foregoing sub-section, but they would be so in¬ 
cluded as a matter of construction by virtue of Clause XIX of 
Sec. 6 of Chapter i of the Revised Statutes, which provides that 
in the construction of statutes, unless inconsistent with the plain 
meaning of the enactment, “the word ‘town’ includes cities and 
plantations, unless otherwise expressed or implied.” As to the 
solicitation of funds from corporations, see paragraph 18. 

Remarks—The explanation of these omissions lies in the fact that 
the section was copied from the Connecticut act (see paragraph 2), in 
which state the classification of committees is doubtless different from 
that prevailing in the State of Maine. 

CITY, WARD, TOWN, PLANTATION AND REPRESENTA¬ 
TIVE CLASS COMMITTEES. 

27. How Chosen —These committees are elected in such manner, 
and with such tenure of office, as the appropriate political party 
within such city, ward, town, plantation or representative class 
may from time to time determine. (P Sec. 3). 

28. Number and Status of Such Committees. —There can be but 
one of each of such committees for each party, namely, that chosen 
as stated in paragraph 27. They are each a “political committee” 
within the meaning of the Corrupt Practices Act, and a “regularly 
elected general or executive committee” within the meaning of 
the Australian Ballot Law and the Primary Election Law. (P 
Secs. 3 and 4; C Sec. 2). 

29. Organization —They organize in such manner as the political 
party electing them may direct, or in the. absence of such direction, 
as they themselves may determine. They are not required to 
certify their organization to any public official. (P Secs. 3 and 4). 

30. Vacancies How Filled —Each such committee fills all vacan¬ 
cies in its membership. (P Sec. 3). 

31. General Powers and Duties —They have such powers and 
duties as the political party electing them may from time to time 
determine, together with the statutory duties with reference to 
political caucuses prescribed in Chapter 6, Sections 101 to 112 in¬ 
clusive, of the Revised Statutes, as amended. (P Sec. 3). The 
amended section is Sec. 108, which was amended by Ch. 98, Public 
Laws of 1907. 

32. Must Elect a Chairman and Secretary —In order to comply 
with the provisions of Section 108 of Chapter 6 of the Revised 
Statutes (as amended by Ch. 98. Public Laws of 1907), relative to 
issuing notices of caucuses, it is necessary for such committees, 
(other than ward committees) in those places where the caucus 
law is in force, to elect a chairman and secretary. Section 6 of the 


10 


new election LAWS 


Primary Election Law also contemplates the appointment of these 
officers. 

33. Representative Class Committees Cannot Solicit Contribu¬ 
tions from Candidates —For reasons stated in paragraph 26 Rep¬ 
resentative Class Committees are prohibited by law from soliciting 
campaign funds from candidates, but in other respects they may 
solicit contributions in the manner and with the limitations stated 
in paragraph 18. 

34. Other Powers, Duties and Liabilities —The powers, duties 
and liabilities of these various committees in connection with 
elections in their respective localities, are, except as noted in par¬ 
agraph 33, the same as those of State Committees as enumerated 
in paragraphs 16 to 24 inclusive, and except further that the written 
designation of a treasurer referred to in paragraph 21, is to be 
filed with the town clerk in all cases except that of representative 
class committees. In the latter case it should be filed with the 
clerk of each town of the class, and also, as a matter of precaution, 
with the Secretary of State. (C Sec. 2). 

"POLITICAL COMMITTEES” OF CANDIDATES. 

35. How Created—"The term ‘political committee’ shall include 
every committee or combination of three or more persons . . . 
to aid or take part in the nomination or election of any candidate 
for public office.” ’ (C Sec. 2). This is a legal recognition of 
"candidates’ clubs,” and similar organizations formed in the inter¬ 
ests of particular candidates. The statutory definition involves the 
idea of concerted action as a body or organization, and would not 
extend to the case of ordinary friends and supporters, who, although 
they may incidentally consult and plan with one another in the 
candidate’s interests, yet do their work essentially as individuals. 
Three or more of such individual friends and supporters, however, 
may at any time form the "combination” in question, and if they 
should file a written appointment of a "treasurer” under Section 2 
of the Corrupt Practices Act, such treasurer would be the lawful 
appointee of a "political committee.” (C Sec. 2). 

36. Number and Status of Such Committees —There may be any 
number of such committees, there being no numerical or territorial 
limitations imposed by the statute. They are “political committees” 
under the Corrupt Practices Act, but are not "regularly elected 
general or executive committees” under the Australian Ballot Law 
and the Primary Election Law. (C Sec. 2; P Secs. 3 and 4). 

37. Organization and Filling of Vacancies —These matters are 
left entirely to the determination of the committee, there being no 
statutory provision in the premises. 

38. They Cannot Solicit Contributions from Candidates—For 
reasons stated in paragraph 26 they are prohibited by law from 
soliciting campaign funds from candidates, but in other respects 
they may solicit contributions in the manner and with the limita¬ 
tions stated in paragraph 18. 


NEW ELECTION laws 


II 


3g. Powers, Duties and Liabilities —The remaining powers, duties 
and liabilities of such committees are the same as those of State 
Committees, as enumerated in paragraphs 16, 19, 20, 21, 22, 23 and 
24, except that the written designation' of a treasurer referred to 
in paragraph 21 is to be filed with the Secretary of State, or with 
the town clerk, respectively, according to whether the candidate 
they represent is to be voted for at a state election or otherwise. 
(C Sec. 2). 

TREASURERS OF POLITICAL COMMITTEES. 

40. How Appointed —Treasurers .may be appointed either orally 
or in writing by any political committee, including political com¬ 
mittees of candidates, as described in paragraph 35. (C 2). 

41. Must File Written Designation Before Election —“No person 
shall act as any such treasurer . . . unless, after his appointment 
and before the election for which he is appointed, a writing desig¬ 
nating him as such treasurer . . . shall be filed with the Secretary 
of State.” The writing must designate the particular period, elec¬ 
tion or caucus during which such treasurership shall continue. In 
case the duties of the treasurer relate to any town, city or ward 
election exclusively, or to any caucus preliminary thereto, such 
writing is to be filed with the town clerk, instead of with the Sec¬ 
retary of State. The treasurer of a representative class committee 
should file such written designation with the clerk of each town 
of the class, and also, as a matter of precaution, with the Secretary 
of State. (C Sec. 2). 

42. May Act Before Filing Designation —A treasurer may legiti¬ 
mately receive and disburse money before filing the written desig¬ 
nation referred to in paragraph 41, provided the same is filed prior 
to the election for which he is appointed. The better and safer 
course, however, is to file the designation before acting. (C Sec. 2). 

43. General Powers and Duties —Their duty is to receive cam¬ 
paign contributions, (but see paragraphs 18 and 26 as to soliciting 
them from candidates or corporations) and to disburse them under 
the direction of the committee by whom they were appointed. No 
persons other than treasurers and “political agents” can receive such 
contributions, and none but treasurers, “political agents” and can¬ 
didates may make such disbursements. (C Secs. 3, 4 and 11, d). 

44. Have Nothing to do with Primaries —They have no duties 
or authority in connection with primary elections, and no right to 
receive or expend any money therefor. Only candidates for the 
primaries and their “political agents” have such right. (P Secs. 
18, 19, 21 and 28). 

45. List of Legitimate Expenditures —A treasurer may, in con¬ 
nection with any caucus, or in connection with any election, other 
than primary, for which he has been appointed, make the following 
expenditures and no others: 

A. For hiring public halls and music for conventions, public 
meetings and public primaries, and for advertising the same 
by posters or otherwise. 


12 


NEW election laws 


B. For printing and circulating political newspapers, pamphlets, 

and books. 

C. For printing and distributing ballots and pasters. 

D. For renting rooms to be used by political committees. 

E. For compensating clerks and other persons employed in 

committee rooms and at the polls. 

F. For traveling expenses of political agents, committees and 

public speakers. 

G. For necessary postage, telegrams, telephones, printing, ex¬ 

press, and conveyance charges. (C Sec. 5). 

In the following paragraphs 'an attempt will be made to define 
and construe some of the terms employed in the foregoing list. 

46. “Printing and Circulating Political Newspapers, Pamphlets 
and Books” —The terms to be construed are as follows: 

“Printing and Circulating.” This should be construed as “print¬ 
ing or circulating.” The purchase and circulation of political 
newspapers, pamphlets or books printed by others would be a 
legitimate expenditure. 

“Political Newspapers.” In ordinary acceptation a newspaper is 
a publication issued periodically containing the general or cur¬ 
rent news, and designed to be read by the public generally. 
But the statute is enumerating expenditures for campaign pur¬ 
poses, and construing these words in the light of that purpose 
it is believed that they would extend to the case of any pub¬ 
lication containing favorable political comment, though not de¬ 
voted mainly, or at all, to current news, and though issued only 
occasionally or circulated only among a given class of the 
community. 

“Political Pamphlets.” A pamphlet is a printed work consisting 
of sheets, generally few, stitched but not permanently bound, 
commonly with a paper cover; or a brief treatise or essay on 
a subject of current interest; specifically, sometimes, any such 
work not exceeding five sheets (80 pp) and not bound; or a 
brief manuscript. (Webster’s New International, and The 
Standard, dictionaries). 

“Political Books.” A book is a printed and bound, or stitched, 
volume of some bulk, as distinguished from a pamphlet. (C 
Sec. 5). 

47. “Printing and Distributing Ballots and Pasters.” —Here, 
again, the statute should be construed as if it read “printing or 
distributing.” The printing and the distribution are each legitimate 
expenditures. The “ballots” referred to are. of course, only those 
for use at party caucuses or meetings, as there would be neither 
occasion nor right to print the official ballots used at the election. 
(C Sec. 5). 

48. “Compensating Clerks and Other Persons Employed in Com¬ 
mittee Rooms and at the Polls.”— The terms to be construed are as 
follows: 


NEW ELECTION LAWS 


13 


Clerks and Other Persons.” It is unnecessary to consider the 
meaning of the word “clerks," for the phrase, taken as a whole, 
authorizes the employment of persons to serve in any and 
every capacity, and to perform every variety of service not 
expressly or impliedly prohibited by the Corrupt Practices 
Act. 

Employed in Committee Rooms.”—This should not be construed 
too narrowly, it fairly extends to the case of persons em¬ 
ployed by the committee, and acting under its direction, to 
perform legitimate services largely outside the committee rooms, 
but having their headquarters, keeping their records, and mak¬ 
ing their returns at such rooms. For example, a person 
might be so employed for the purpose of making a “canvass” 
of the voters to ascertain their political preferences. Such 
canvassers, however, should be given strict orders not to at¬ 
tempt to influence voters even by persuasion or argument. A 
person may, of course, do that voluntarily, but it is at least 
seriously questionable whether he can do so for hire. With 
the qualifications above suggested, the committee may also 
employ detectives to ascertain and report upon all attempted 

■ violations of the law. The committee may also pay for the 
services of an attorney called to the committee room for the 
purposes of advice or consultation. 

“Employed at the Polls.” Here, again, the language fairly ex¬ 
tends to the case of persons employed by the committee, and 
acting under its direction, to perform legitimate services in 
large part away from the polls, but having reference thereto, 
as, for instance, keeping tally of their party voters and going 
personally or sending others to procure the attendance of 
those who have not voted. The bills of persons so sent by 
them, if any, should be rendered directly to, and paid by, the 
treasurer of the committee. The committed cannot employ 
persons at the polls for the purpose of influencing voters by 
treating them to liquor, cigars, or anything else, such practices 
being clearly illegal and constituting a criminal offense. Nor 
can persons so employed for hire attempt to influence voters 
even by persuasion or argument. (C Sec. 5). 

49. “Traveling Expenses of Political Agents, Committees and 
Public Speakers.” —The terms to be construed are as follows: 

“Traveling Expenses.” This would include the fare or mileage 
actually paid, together with the usual incidentals of travel, such 
as lunches, tips and hotel bills en route, coming and going. 
“Going” should be limited to the return to the place at which 
the person first stops on his return for purposes not connected 
with the election, and not authorized by the committee, unless 
such stop is merely an incidental break in an otherwise direct 
return to the place whence he came, in which case the additional 
expenditures incurred by such stops should not be included. 
All “stops” in coming should be governed by the same prin¬ 
ciple. 


14 


NEW EXACTION LAWS 


“Political Agents.” A political agent is a person employed by a 
candidate before any election or caucus to assist him in his 
candidacy. (C Sec. 2). The meaning here is not that a pol¬ 
itical committee may pay the expenses of such political agents, 
but that such agents may themselves pay them. 

“Committees.” The committees here referred to are the “political 
committees” as defined by the Corrupt Practices Act, Sec. 2, in¬ 
cluding “Candidates Committees” as defined in paragraph 35. 
The meaning here is that the treasurers of such committees 
may pay the traveling expenses of the members thereof in con¬ 
nection with caucuses and elections. 

“Public Speakers.” The term needs no definition. It is to be 
noted that only their traveling expenses, as above defined, 
can be paid. (C Sec. 5). 

Remarks—In 1909 the Connecticut legislature amended this sub-section 
of their act by adding thereto the words “and reasonable compensation to 
public speakers.” (Ch. 253 of Public Acts of Conn, of 1909). 

50. “Necessary Postage, Telegrams, Telephones, Printing, Ex¬ 
press and Conveyance Charges.” —The terms to be construed are as 
follows: 

“Necessary.” This is defined by the Standard Dictionary as “that 
which is indispensable to some determinate purpose.” As ap¬ 
plied to this act, however, it is believed that a more accurate 
definition would be: “That which is fairly and reasonably 
requisite to the accomplishment of any purpose not expressly 
or impliedly prohibited by the act.” 

Remarks—The Supreme Court of Connecticut (from which state our 
Corrupt Practices Act was taken) gives a similarly liberal definition of 
the word “necessary” in many other connections. See Bryan vs. Town 
of Branford, 50 Conn, 246. 

‘Express Charges.” This would include cartage, trucking and 
delivery of articles by any vehicle or method of conveyance, 
whether public or private. 

“Conveyance Charges.” The traveling expenses of candidates are 
provided for in Section 4 of the Corrupt Practices Act, and those 
of political agents, committees and public speakers in a prior 
sub-section of Sec. 5. As used here, therefore, it means the 
expenses of getting voters to the polls. It authorizes the em¬ 
ployment of vehicles for that purpose, provided the amount 
paid is fair and reasonable and does not amount to bribery, 
and provided further that the voter is not so conveyed in 
consideration of any understanding or agreement that he shall 
vote for the party at whose expense he is conveyed. The trav¬ 
eling expenses of absent voters, as defined in paragraph 49, 
may also be paid, if such voter’s political preference is well 
known, if the expense is borne by his own party, and if no 
suggestion is made as to how he shall vote. The line between 
what is legal and what is illegal in this connection is not 
clearly defined, and each individual case would depend upon 
its own circumstances, and very largely upon whether those 


NEW ELECTION LAWS 


15 


circumstances indicated the presence or absence of an improper 
motive. In no case is it permissible to pay the voter any¬ 
thing for “loss of time.” (C Sec. 5). 

Remarks—The foregoing construction of the words “conveyance 
charges” would seem to be confirmed, to some extent, by the history of 
the Connecticut statute upon the point. By Chapter 253 of the Public 
Acts of Conn, of 1909, the words “conveyance charges” were stricken 
from sub-section (g) and a new sub-section (h) was added, viz: “The 
conveyance of electors to the polls.” This may reasonably be taken to 
indicate that Such had been the practical construction of the previous 
statute, and that the change was made to settle any doubt which might 
exist. 

51. Incidental Expenses. —An incident, in legal acceptation, is 
“a thing necessarily depending upon, pertaining to or following 
another that is more worthy, or principal.” For instance, there 
is no specific authority for the purchase or rental of typewriters, 
but it would be a legitimate expenditure as incidental to the em¬ 
ployment of “clerks in committee rooms.” All expenditures are 
legitimate which are necessarily incidental to those expenditures 
expressly authorized by the act. 

52. Surplus Funds —After the election, treasurers should hold all 
surplus funds until required for another election, when they, if reap¬ 
pointed, or their duly appointed successors, may use them as here¬ 
inbefore stated. 

Remarks—By Chapter 240 of the Public Acts of Conn, of 1907, the 
legislature of that state amended their Corrupt Practices Act by insert¬ 
ing the following section: 

“Any unexpended balance remaining in the hands of any political 
treasurer at the time of making the statement hereinafter provided for 
shall be properly accounted for in said statement and shall appear as a 
balance in the next following report of himself or his successor in office. 
Any treasurer who shall fail to account for such unexpended balance, 
or who shall fail to turn over such balance to his successor, shall be 
deemed guilty of a misdemeanor, and shall be punished by a fine of not 
less than one hundred dollars nor more than one thousand dollars, or 
by imprisonment of not less than three months nor more than one year, 
01 by both such fine and imprisonment.” 

But in 1909 (Ch. 253 of the Public Acts of Conn, of 1909) the fore¬ 
going section was repealed. 

53. Returns —It is not probable that any political committees in 
this state will bring- themselves within the terms of the Federal act 
by influencing or attempting to influence, in two or more states, 
the result of an election at which Representatives in Congress are 
to be elected. See paragraph 10. In such event, however, they 
and their treasurers should study the Federal act. (U. S. Secs. 1 
to 6 inclusive). But under the Corrupt Practices Act, all treasurers 
of political committees must, within fifteen days after election, file 
an itemized sworn statement, upon blanks furnished by the Sec¬ 
retary of State to the town clerks, with the officer with whom 
their designation was filed, namely, the Secretary of State, or the 
town clerk, as the case may be. See paragraph 41. The treasurer 
of a representative class committee should file such statement with 
the clerk of each town of the class, qnd also, as a matter of precau¬ 
tion, with the Secretary of State. The statement “shall include the 


new election laws 


16 . 

amount of money or property in each case received or promised, 
the name of the person from whom it was received or by whom it 
was promised, the amount of every expenditure made or liability in¬ 
curred, the name of the person to whom such expenditure or promise 
was made, and shall clearly state the purpose for which such money 
or property was so expended or promised.’’ (C Secs. 6 and 9). 

Remarks—By an oversight, apparently, no penalty is provided by the 
Corrupt Practices Act for the failure of treasurers and political agents 
to make the returns required by Section 6. In Connecticut this omission 
was supplied by the amendment of 1907 (Ch. 240 of the Public Acts of 
Conn, of 1907), reading as follows: “Any treasurer or political agent who 
shall fail to file such a statement within the time required, shall be 
fined twenty-five dollars for each day on which he is in default, unless 
he shall be excused by the court.” 

54. Liabilities —Treasurers of political committees are subject to 
the same penalties as other citizens generally, and in addition there¬ 
to, the following: “Every treasurer or political agent who shall 
knowingly receive a payment or promise of payment, or enter or 
cause the same to be entered in his accounts, in any other name than 
that of the person by whom such payment or promise of payment 
is made,” is punishable by a fine of . not less than fifty nor more 
than two thousand dollars or by imprisonment for not less than 
thirty days nor more than two years or by both. (C Sec. 11. f). 
In case they come under the Federal act, (see paragraphs 10 and 53) 
they are also subject to penalties under that act (U. S. Secs. 1 to 6, 
inclusive, and 11). As to the omission to provide a penalty for 
failure to make the return required by Section 6 of the Corrupt 
Practices Act, see “Remarks” under paragraph 53. 

POLITICAL AGENTS. 

55. Definition and Method of Appointment —A political agent is 
a person appointed by any candidate before an election, caucus, or 
primary election, to assist him in his candidacy. A candidate may 
designate himself as his own political agent. (C Sec. 2). 

56. Must File Written Designation Before Election —“No person 
shall act as any such . . . political agent unless, after his appoint¬ 
ment and before the election for which he is appointed, a writing 
designating him as such . . . political agent shall be filed with the 
Secretary of State. ’ In case his duties relate to any town, city or 
ward election exclusively, or to any caucus or primary election pre¬ 
liminary thereto, such writing is to be filed with the town clerk, 
instead of with the Secretary of State. The writing must designate 
the particular period, election, caucus or primary election during 
which such political agency chall continue. (C Sec. 2). 

57. Candidates Can Act as Their Own Political Agents —A can¬ 
didate for a primary or other election may appoint another person 
as his political agent. (See paragraph 67). He may also appoint 
himself his own political agent. (C Sec. 2). His powers, duties 
and liabilities when acting in that capacity are considered under the 
title “Candidates.” 


NEW ELECTION LAWS 


1 7 


58. Powers, Duties and Liabilities —A political agent acts under 
the direction of the candidate, and therefore bears to him the same 
relation that a treasurer bears to the political committee from 
which he derives his appointment. By substituting “candidate” 
for “committee/’ therefore, and subject to the qualifications of par¬ 
agraph 67, the powers, duties and liabilities of political agents are 
the same as those of treasurers, as set forth in paragraphs 42, 43, 
45.. 46, 47. 48, 49? 50, 5E 53 and 54.. 

59. Surplus Funds. —After the election, political agents should re¬ 
turn all surplus funds to the donors, in the proportion of their 
respective donations. 


CANDIDATES. 

60. How and When Nominated —A candidate for United States 
Senator is “nominated” as a candidate to be voted for at the 
primary election on the third Monday of June by filing with the 
Secretary of State, on or before the first Monday in May preced¬ 
ing the election, nomination papers signed subsequent to January 1 
of that year by qualified voters of his party, in number not less than 
one per cent nor more than two per cent of the entire vote cast 
in the State for Governor in the last preceding state election. 
With such nomination papers must be filed his consent in writing. 
The statutory requirements in detail will be found in sections 5 
and 6 of the Primary Election Law. (P Secs. 5 and 6). He is 
“nominated” as the candidate of his party to be voted for by the 
members of the legislature by receiving the highest number of 
votes at such primary election in June. (P Secs. 1, 7 and 16). 
Other candidates are “nominated” for the primary election by nom¬ 
ination papers, and for the September election by the result of the 
primary election, in like manner, except that the number of 
signers of nomination papers is based upon the gubernatorial vote 
cast in the electoral division or district wherein the candidate is 
to be voted for. (P Secs. 1, 5, 6 and 16). 

61. Become “Candidates” When —Under the Primary Election 
Law, a person is not a “candidate,” in a technical sense, until he 
files nomination papers and a written consent, as set forth in para¬ 
graph 60. For most purposes of the Corrupt Practices Act, he is 
a “candidate” prior to that time, namely, when he announces him¬ 
self and solicits support as such, or ratifies and consents to such 
action taken in his behalf by others. But a candidate for United 
States Senator is not obliged to make a return under Section 7 of 
that act (though this is advised as a matter of precaution) unless 
he shall have received at least ten votes at the regular election by 
the legislature. (C Secs. 1 and 7). 

Remarks—Section 1 of the Corrupt Practices Act contains the follow¬ 
ing- provision: “Any person shall be deemed to be a candidate for the 
office of Senator of the United States for whom ten or more votes shall 
have been cast either at a legislative caucus, or at a regular election 
by the legislature.” This is the language of Sec. 1 of the Connecticut 


i8 


NEW ELECTION LAWS 


act, from which the Maine statute was taken bodily. In Connecticut, 
however, the system of party nominations by direct primaries does not 
prevail, and the words “primary election” in our Corrupt Practices Act 
have reference in that state to caucus nominations, etc., accompanied 
by provisions for party enrollment. In Connecticut, moreover, a United 
States Senator is nominated at a legislative caucus; in Maine, at a 
primary election. As applied to the Maine system, therefore, it is be¬ 
lieved that the interpretation above given is the only one which will 
harmonize our Primary Election Law and the Corrupt Practices Act. 
The Connecticut legislature repealed the provision in question in section 
1 in 1909 (Ch. 253 of Public Acts of Conn, of 1909), with the result, 
apparently, that in that state U. S. Senatorial candidates at legislative 
caucuses are in all cases required to make returns. 

62. Proceedings in Case of Death or Withdrawal —The method 

of supplying the vacancy created by the death or withdrawal of 
candidates subsequent to the filing of their nomination papers and 
before the primary election is provided for in Section 6 of the 
Primary Election Law; and (in case of candidates for United 
States Senator) of supplying such vacancy after the primary elec¬ 
tion and prior to the meeting of the legislature, in Section 23. 
(P Secs. 4, 6, 21 and 23). 

63. Result of Primary Election How Determined —The Governor 
and Council, by the first Tuesday of July, are required to canvass 
the primary election returns. The person having the highest num¬ 
ber of votes is deemed to have been nominated by his political 
party. In case of a tie, provision is made for settling the question 
by lot at the office of the Secretary of State. (P Sec. 16). 

64. Primary Election Returns How Corrected —Returns may be 
corrected by the Governor and Council pursuant to testimony on 
oath before them for that purpose, if application is made within 
seven days after the returns are opened and tabulated. No cor¬ 
rections can be made without reasonable notice to the person 
affected thereby, and during said seven days persons voted for may 
personally and by or with counsel examine the returns. (P Sec. 16). 

65. Candidates to File Acceptance —The Secretary of State must 
“forthwith notify by registered mail” each person who has been 
nominated. (P Sec. 16). Within seven days after receiving such 
notification, candidates are required to send to the Secretary of State 
by registered mail a written acceptance in the form prescribed by 
the statute. “The name of any candidate failing to file such ac¬ 
ceptance shall not be printed upon the official ballot to be used 
at the state election, and failure to file such acceptance within 
said seven days shall be deemed to be a refusal thereof.” The 
candidate’s return of expenditures must accompany such accept¬ 
ance. (P Secs. 16, 17, 18, 20 and 23). 

66. Candidates May Organize Clubs —Candidates’ clubs, under any 
title or titles desired, may be organized by or for the candidate. 
See paragraphs 35 to 39 inclusive. For this purpose a person is 
a “candidate,” whether for United States Senator or otherwise, 
when he announces himself and solicits support as such or ratifies 
and consents to such action taken in his behalf by others. See 


NEW ELECTION LAWS 


19 


paragraph 61. Under the Corrupt Practices Act these clubs are 
technically “political committees.” (C Sec. 2). 

67. May Appoint Others Their “Political Agents” —A candidate 
may appoint as many “political agents” as desired, in any place or 
places in this State, for the purposes of the primary or other 
election at which he is to be voted for. The better and safer 
practice, however, so far as primary elections are concerned, is 
to appoint himself his own “political agent,” which he may do, 
(see paragraphs 55, 56, 57 a*nd 70), and to appoint no others, as 
he thereby retains complete control of all his expenditures, and 
eliminates all question of responsibility for illegitimate expendi¬ 
tures by third persons acting as his “political agents.” Should the 
candidate, however, appoint such third persons, he must see to it 
that they expend no money other than that furnished by himself, 
and that every expenditure made or liability incurred is with his 
full knowledge and consent. In elections other than primary, 
which are governed by the Corrupt Practices Act only, the same 
necessity for this precaution does not exist. With this qualifica¬ 
tion as to primary elections, the general powers and duties of such 
“political agents” are as stated in paragraph 58, and the other 
paragraphs therein cited. 

Remarks— The above qualification as to primary elections, that all 
expenditures must be from the candidate’s own money, and with his full 
knowledge and consent, results from the interpretation of Sections 18 
and 19 of the Primary Election Law. Construed together, they amount 
to this: First, candidates at primary elections may receive contribu¬ 
tions. See paragraph 83. Second, subject to the limitations of Sections 
18, 19 and 21, they may make expenditures cither personally, or through 
their duly appointed “political agents.” Third, they must have personal 
knowledge of all expenditures by their political agents, otherwise they 
would be unable to make the return required by Section 18. 

68. Their “Political Agents” May Act Before Filing Designa¬ 
tion —The political agents of a candidate (including himself when 
acting in that capacity) may (subject to the qualifications stated in 
paragraph 67) receive and disburse money before filing the written 
designation referred to in paragraph 41, provided the same is filed 
before the election for which they are appointed. If third persons 
are appointed, however, the better and safer course is to file their 
designations before permitting them to act. The appointment itself 
need not, but preferably should be, in writing. (C Sec. 2). 

69. Need Not Officially Appoint Mere Assistants —The term 
“political agent” involves the idea of power and responsibility in 
the receipt and disbursement of money. A person not invested 
with, and not in fact exercising, such power and responsibility, is 
not a “political agent,” and may freely “assist” the candidate in 
all legitimate ways without “appointment” by the candidate. (C 
Secs. 2. 3, 4, 5). 

70. May Act as Their Own “Political Agents” —A candidate may 
appoint himself his own “political agent,” (C Sec. 2). and may act 
as such before filing the written designation required by the statute, 


20 


NEW EEECTION LAWS 


provided the same is filed prior to the election. See paragraph 68. 
For the purposes of a primary election he is advised to so appoint 
himself, and to appoint no other person. See paragraph 67. Should 
a candidate for a primary election neglect to appoint himself, or 
another, his “political agent,” it is possible that he might be con¬ 
fined in his expenditures to postage, telegrams, telephones, sta¬ 
tionery, printing, express and traveling. This would certainly be 
true as to candidates for elections other than primaries, which are 
governed by the Corrupt Practices Act alone. (C Sec. 4). 

71. Legitimate Expenditures for Primary Election—In constru¬ 
ing Section 18 of the Primary Election Law in connection with 
Sections 4 and 5 of the Corrupt Practices Act with reference to 
expenditures, full efifect must first be given to the former section. 
Expenditures falling under the specific headings of Section 18 
must be so entered, regardless of the Corrupt Practices Act. (P 
Sec. 28). But under the title “Miscellaneous” in Section 18, a 
candidate can include no items which are not legitimate under 
Sections 4 and 5 of the Corrupt Practices Act. The table of per¬ 
missible expenditures at primary elections is therefore as follows: 

Printing, Clerk Hire, Newspaper Advertising, Hall Rent. Solicit¬ 
ing Agents, and Miscellaneous. Under the title “Miscellaneous,” 
the permissible expenditures are for Telegrams, Telephones, and 
Express (C Sec. 4), together with all the items enumerated in 
paragraph 45, so far as they do not fall under the specific head¬ 
ings of Section 18. The items so enumerated in paragraph 45. 
as defined and construed in paragraphs 46 to 51 inclusive, are 
equally legitimate expenditures for candidates, substituting for the 
word “committee” wherever it occurs the word “candidate.” Under 
Section 18 of the Primary Election Law the candidate is not 
obliged to return his actual personal traveling expenses, postage 
and stationery, and they form no part of the amounts allowed to 
candidates under Section 21. An account should be kept of the 
same, however, for the purpose of return under the Corrupt Prac¬ 
tices Act. See paragraph 85. just before “Remarks.” For the 
form of the return under the Primary Election Law, see Section 18. 
Under each of the specific headings of Section 18, the expenditures 
must be itemized under the titles of “Name, Date and Amount.” 
Under the heading “Miscellaneous,” they must be itemized under 
the titles “Name, Date, Amount and Purpose.” 

72. Limitation of Expenditures and Liabilities—There is no lim¬ 
itation upon the amount of legitimate expenditures in elections 
other than primary. At primary elections, however, the expendi¬ 
tures to be made, and liabilities incurred, must not exceed the 
following: 

For any office to be filled by the voters of the state.... $1500 

Members of Congress. 500 

State senators and county officers, for each ten thousand 
votes cast for governor within the county at the last 
preceding gubernatorial election, or fraction thereof.. iqo 



NEW ELECTION LAWS 


21 


Members of the legislature in representative districts hav¬ 
ing three representatives or more. ioo 

Members of the legislature in other representative dis¬ 
tricts . 50 

United States Senator . 1500 


In addition to these amounts, candidates are entitled to make 
expenditures for actual personal traveling expenses, postage and 
stationery, without liability to account therefor under the Primary 
Election Law, or to include them in their returns under that law. 
As to the effect of exceeding the foregoing limitations, see para¬ 
graph 75. 

73- — Ten Per Cent Limit of “Miscellaneous” Items —The aggre¬ 
gate of the items under the heading “Miscellaneous” must not 
exceed 10 per cent of the total amount permitted. For example, 
for candidates for Governor, it must not exceed $150. But an 
erroneous distribution of legitimate items as between the different 
headings, and an excess of “Miscellaneous” items over the ten per 
cent limit would not affect the candidacy, provided the aggregate 
of all items did not exceed the amount permitted under Section 21. 
(P Secs. 18 and 21). 

74. Liabilities Incurred, or Payments Promised —All liabilities 
incurred or payments promised in connection with any election are 
to be accounted for and returned, equally with expenditures. (C 
Secs. 6 and 7; P Sec. 18). 

75. Excessive Expenditures for Primaries Forfeit the Nomina¬ 
tion —“Whenever such expenditures and liabilities exceed the fore¬ 
going limitations, upon proof thereof to the satisfaction of the 
Secretary of State, after complaint, notice and hearing, or upon 
the admission of the fact by the candidate in his return, the finding 
of such fact by the Secretary of State shall be deemed to be a 
withdrawal by such candidate and the vacancy shall be filled in like 
manner as if such candidate had filed a withdrawal in writing.” 
The words “satisfaction of the Secretary of State” are to be con¬ 
strued as “reasonable satisfaction of the Secretary of State.” 
Should a candidate feel aggrieved at the decision of that official, 
there are appropriate common law remedies for invoking the 
decision of the court. (P Sec. 21). 

76. “Clerk Hire” —A clerk, as defined by the Standard Dictionary, 
is “a person employed to keep accounts or do writing; a hired as¬ 
sistant in an office, counting house, library or the like.” Within 
the meaning of the statute it would include stenographers, type¬ 
writers, persons employed to fold, seal up, or otherwise prepare 
for distribution correspondence or printed matter, and. in general, 
all persons employed for hire by the candidate to work under his 
direction, subject to his control, and in such place as he may direct, 
upon matters connected with his candidacy, though such service 
may be largely or wholly manual or mechanical in its nature, 
provided the services do not fall under some other specific heading, 
as. for example, “Soliciting Agents.” (P Sec. 18). 





22 


NEW election laws 


77. “Newspaper Advertising” —The word “newspaper" should' re¬ 
ceive the same construction as under the Corrupt Practices Act. 
See paragraph 46. “Advertising” is thus defined by the Standard 
Dictionary: “To make known by a public notice, especially by 
printed statements; publish abroad; commend to the public.” It 
would clearly include all paid matter which the candidate caused 
to be published in such newspapers in the interests of his can¬ 
didacy, whether signed by, or purporting to emanate from him, 
or not. It might also extend to the purchase and distribution of 
newspapers containing favorable and gratuitous comment, though 
that would seem to fall more properly under the title “Miscellane¬ 
ous” as an item of “circulating political newspapers.” See para¬ 
graphs 46 and 71. In either event, the postage and wrappers used 
in such circulation would not have to be returned under Section 18, 
and would constitute no part of the total amount permitted by 
Section 21. (P Sec. 18). 

Remarks —In this connection it is to be noted that the Connecticut 
legislature in 1909 amended Section 4 of their Corrupt Practices Act 
(Ch. 253, Public Acts of Conn, of 1909) by adding the words in paren¬ 
theses: “No person other than a treasurer or political agent shall pay 
any of the expenses of any election, caucus, or primary election, except 
that a candidate may pay his own expenses for postage, telegrams, tele¬ 
phones, stationery, printing (the advertising in or distribution of news¬ 
papers being excepted), and traveling.” This may indicate either an 
expression of public policy on the question under discussion, or merely 
that candidates in that state were construing the word “printing” to 
include matters which were under the jurisdiction of treasurers and 
political agents under Section 5 of the act, namely, “printing and cir¬ 
culating political newspapers, pamphlets and books.” 

78. “Soliciting Agents” —This refers primarily to the compensa¬ 
tion of persons employed in circulating and obtaining signatures 
to the candidate’s nomination papers. A candidate may also per¬ 
sonally or through his “political agent” solicit contributions from 
his friends and supporters other than candidates (see paragraph 
83), and if done by the “political agent” with the candidate’s 
knowledge and consent (P Sec. 19), such agent might be properly 
compensated for his services either under this heading, or under the 
title “Clerk Hire,” if he were also performing other services. (P 
Sec. 18). 

79. Ante-Nomination Expenditures —At primary elections a can¬ 
didate may make all the expenditures specified in paragraph 71 
either before or after the filing of his nomination papers, as several 
of the specifically authorized items clearly contemplate ante-nom¬ 
ination expenditures. (P Sec. 18). At all other elections a candi¬ 
date prior to nomination, can make expenditures only for postage, 
telegrams, telephones, stationery, printing, express and traveling; 
after nomination he may also contribute to treasurers and political 
agents. (C Secs. 3 and 4). 

Remarks —The Connecticut legislature in 1907 liberalized the rule by 
amending Sec. 4 of the Corrupt Practices Act (Ch. 2 40, Public Acts of 
Conn, of 1907) so that the first sentence thereof reads as follows: “Any 


1 


NEW ELECTION LAWS 


23 


person nominated as a candidate for public office, or a candidate for 
such nomination, may make a voluntary payment of money to any 
treasurer or political agent for any of the purposes permitted by this 
act.” 

80. Can Contribute Campaign Funds to Whom—For the pur¬ 
poses 'of primary elections a candidate can contribute only to politi¬ 
cal agents, or to candidates who are their own political agents, and 
only after he has filed his nomination papers. (C Secs. 3 and 11, 
d). But a candidate for United States Senator cannot at any time 
“give, contribute, expend, use, or promise any money or thing of 
value to assist in procuring the nomination or election of any 
particular candidate for the legislature of the State in which he 
resides, but such candidate may, within the limitations and restric¬ 
tions and subject to the requirements of this act, contribute to 
political committees having charge of the disbursement of cam¬ 
paign funds.” (U. S. Sec. 8). At all elections other than primaries 
candidates other than for the office of United States Senator may, 
after , their nomination, contribute to any treasurer of a political 
committee or to the political agent of any candidate. Candidates 
for United States Senator cannot at any time contribute funds 
either to a candidate for the legislature, or to his political agent. 

81. Expenditures for Legal Services—“Nothing contained in this 
act shall limit or affect the right of any person to expend money 
for proper legal expenses in maintaining or contesting the results 
of any such election.” (C Sec. 3). See also paragraph 48 under 
the title “Employed in Committee Rooms,” which it is believed 
the court will construe liberally, and under it will permit a can¬ 
didate at all times to pay for legal advice as to his rights and 
liabilities. It is possible, also, that they may hold that such advice 
is not an election expense within the meaning of either the Cor¬ 
rupt Practices Act or the Primary Election Law, and that it need 
not be returned or accounted for under either act. In the absence 
of judicial interpretation, however, or until amendment of the law 
in this particular, candidates are advised to make return of all such 
expenditures. 

82. Expenditures under the Federal Law—The matter of expendi¬ 
tures by candidates for Representative or Senator in Congress is 
also regulated by the Federal statute. (U. S. Sec. 8). 

83. Candidates Who are Their Own “Political Agents” May Re¬ 
ceive Contributions—With the qualification as to contributions from 
corporations and candidates pointed out in paragraphs 18 and 80, 
candidates (including those for United States Senator) who are their 
own “political agents” may at all elections, primary or otherwise, 
solicit and receive contributions from friends and supporters who 
are not themselves candidates. (C Secs. 3 and 11. c and d; P Secs. 
18 and 19). Were it otherwise, one of the main objects of the 
Primary Election Law would be defeated. Any man who can com¬ 
mand support enough to make it worth his while to become a 
candidate can procure the limited amount of funds permitted under 


24 


NEW ELECTION laws 


Sec. 21 of the Primary Election Law, through the contributions of 
his friends, thereby placing himself on an equal footing with 
wealthier candidates. 

84. Surplus Funds—Candidates who have received contributions 
in the manner pointed out in paragraph 83, should return all surplus 
funds to the donors, in the proportion of their respective donations. 

85. Returns by Candidates—Candidates must make returns as 
follows: 

A. As “political agents”, if they have appointed themselves as 
such, within fifteen days after the election. (C Sec. 6). This 
means not the primary election, but the ultimate or final elec¬ 
tion—the September election or, in case of candidates for 
United States Senator, the legislative election, at which the 
candidate is finally elected to the office which he seeks. The 
details of the return are set forth in Sec. 6. It is to be made 
to the officer with whom the designation of the “political agent” 
was filed—the Secretary of State, or the town clerk, as the 
case may be. (C Secs. 2 and 6). 

B. As candidates, to the Secretary of State, or the town clerk, 
as the case may be, within fifteen days after the ultimate or 
final election as defined in A above. The details of the return 
are prescribed by the statute. (C Sec. 7). 

C. As candidates at primary elections, by registered mail to 
the Secretary of State, accompanied by their acceptance in the 
form prescribed by statute, within seven days after being 
notified by the Secretary of State of their nomination. The 
details of the return are prescribed by the statute. (P Secs. 
17 and 18). 

D. As candidates for Representative to Congress, by registered 
mail to the Clerk of the House of Representatives at Wash¬ 
ington, D. C., not less than ten nor more than fifteen days 
before the primary election in this state in June; also, within 
fifteen days after such primary election; also, not less than ten 
nor more than fifteen days before the September election; 
and also, within thirty days after such September election. 
The details of these returns are prescribed by the statute 
(U. S. Sec. 8). 

E. As candidates for United States Senator, by registered mail 
to the Secretary of the Senate at Washington, D. C., not less 
than ten nor more than fifteen days before the primary election 
in this state in June; also, within fifteen days after such pri¬ 
mary election; also, not less than ten nor more than fifteen 
days before the September election; also, within thirty days 
aftei such September election; also, not less than five nor more 
than ten days before the day upon which the first vote is to 
be taken in the two houses of the legislature before which 
they are candidates, and also, within thirty days after the day 
upon which the legislature shall have elected a Senator. The 


NEW ELECTION LAWS 


25 


details of the returns are prescribed by the statute. (U. S. 
Sec. 8). As to the days upon which votes are to be taken by 
the legislature, see U. S. Revised Statutes, Sections 14, 15, 16 
and 17. 

The returns under A and B above must include the candidate’s 
actual personal traveling expenses, postage and stationery. The 
returns under C, D and E need not include them. As to the 
omission to provide a penalty for failure to make return under A, 
see “Remarks” under paragraph 53. 

Remarks —That the “election” referred to in A and B above is the 
ultimate or final election, is apparent for the following- reasons: In 
Connecticut, from which state our Corrupt Practices Act was taken 
bodily, there are no direct primaries. Compare “Remarks” under para¬ 
graph 61, and the definition of “primary elections” in Section 1 of the 
Corrupt Practices Act. Furthermore, throughout the act, whenever pri¬ 
mary elections (in the limited signification which the term has in Con¬ 
necticut) are meant to be included, they are always expressly mentioned, 
e. g., in Section 5. 

Again: The Connecticut legislature in 1907 amended Section 6 of the 
Corrupt Practices Act in this particular (Ch. 240 of the Public Acts of 
Conn, of 1907) by adding at the end thereof the following: “Separating 
the expenditures for caucuses, primaries and elections.” This clearly 
indicates that the return is to be made after the final election, and that 
in such return the expenditures of preceding caucuses and primaries are 
to be separately stated. 

86 . Liabilities—In addition to the penalties to which candidates 
are liable in common with other members of the public, (see para¬ 
graph 90) are the following penal provisions applicable to candi¬ 
dates as such: 

Failure to File Return—“Any candidate who shall fail to file 
such a statement shall be fined twenty-five dollars for every 
day on which he is in default, unless he shall be excused by 
the court.” (C Sec. 7 ). 

Promises to Appoint to Office—“Every person wffio, in order to 
secure or promote his own nomination or election as a candi¬ 
date for public office, shall, directly or indirectly, promise to 
appoint, or promise to secure or assist in securing the appoint¬ 
ment. nomination, or election of any other person to any 
public position, or to any position of honor, trust, or emolu¬ 
ment; provided, however, that any person may publicly an¬ 
nounce his own choice or purpose in relation to any appoint¬ 
ment, nomination, or election in which he may be called to 
take part, if he shall be nominated for or elected to any public 
office.” (C Sec. 11, e). Penalty, fine of not less than $50 nor 
more than $2,000, or imprisonment for not less than thirty 
days nor more than two years, or by both. 

Perjury in Returns—“If any statement in said return is wilfully 
false it shall be deemed to be perjury and shall be punished 
accordingly.” (P Sec. 18). The penalty for perjury (R. S. 
Ch. 123, Sec. 1) is imprisonment for not more than ten years. 

Penalties Under Federal Act—The Federal Act imposes a pen¬ 
alty of not more than one thousand dollars, or imprisonment 


26 


NSW ELECTION SAWS 


not more than one year, or both, for failure to file returns 
as therein provided; for promises to assist to office in return 
for the promisee’s political support; for candidates for U. S. 
Senator making expenditures to procure the nomination of any 
particular candidate for the legislature (see paragraph 80); and 
for candidates for Representative to Congress and United 
States Senator exceeding the aggregate amount allowed by the 
state law in procuring their nomination and election. For 
details, see the statute. (U. S. Secs. 8 and n). 

VOTERS. 

87. Registration for Primary Elections—Only voters who have 
been properly registered before the primary election occurs are 
qualified to vote. The basis of such registration is the list of voters 
used at the last municipal election This list is subject to correc¬ 
tion by the proper authorities in the manner provided for in regular 
elections. (P Secs. 12 and 25). 

88. Enrollment for Primary Elections—In addition to registra¬ 
tion, each voter must be enrolled as a member of some political 
party. Any registered voter, however, who has not been so en¬ 
rolled, may be enrolled on primary election day by the ballot clerk. 
In towns and plantations of 2000 inhabitants or less, enrollment by 
political parties is not required. (P Secs. 11 and 13). 

89. Method of Voting at Primary Elections—The voter goes to 
the polls, as usual, and if properly registered and enrolled (see par¬ 
agraphs 87 and 88) is given a ballot of the political party to which 
he belongs. Each party will have a separate ballot, and each party 
ballot will differ in color from the others. Upon each party ballot 
under the designation of the office are grouped the names and 
residences of the candidates of that party for such office, in alpha¬ 
betical order. At the end of each list of candidates for each office 
is a blank space or spaces in which the voter may write or paste the 
name or names of any person or persons not printed on the ballot 
for whom he desires to vote as the nominee or nominees for such 
office. He must not erase any names. The voter indicates his 
choice among the candidates for each office by making a cross in 
the square at the right of the name of the person he prefers for 
each office. Should the voter desire to vote for some person or 
persons whose names are not printed on the ballot, he will write or 
paste the name or names in the spaces provided for that purpose, 
as stated above, and then make a cross at the right of such name 
or names. (P Secs. 8, 13 and 14). 

90. Liabilities—Voters are subject to the same penal provisions 
at primary elections to which they now are and heretofore have 
been subject at other elections. The penal provisions of the Cor¬ 
rupt Practices Act and the Primary Election Law applicable to the 
public generally will be found in Section 11 of the Corrupt Prac¬ 
tices Act, and Section 19 of the Primary Election Law. 


NEW ELECTION LAWS 


27 


Individuals who expend or promise, otherwise than to a political 
committee, $50 or more to influence or control, in two or more 
states, the result of an election at which Representatives to Con¬ 
gress are elected, must file a statement under the Federal law, and 
are subject to its penalty if they fail to do so. (U. S. Secs. 7 
and 11). 

As to contributions by corporations, and liability of their officers 
and directors in connection therewith, see paragraph 18. 

PUBLIC AND ELECTION OFFICIALS. 

91. Usual Provisions in Force at Primary Elections—All the statutory 
provisions applicable to regular elections are equally applicable to pri¬ 
mary elections, except so far as they have been expressly modified by the 
Primary Election Law. (P Secs. 14, 26 and 27). Additional provisions 
are contained in the 1912 act. See paragraph 104. 

92. Governor—Provisions relative to the issuance of proclamations 
by the Governor for a new election in case of the death or withdrawal 
of a candidate for United States Senator, and for special elections, are 
contained in Sections 23 and 24 of the Primary Election Law. 

93. Governor and Council—The duties of the Governor and Council 
in relation to canvassing primary election returns, and the approval of 
accounts for primary election expenditures, are contained in Sections 16 
and 30 of the Primary Election Law. 

Provisions of 1912 law: Sections 8, 10, 11, 12. See paragraph 104. 

94. Secretary of State—Provisions relative to the powers and duties 
of the Secretary of State in connection with primary and other elections 
are found in the law as follows: 

Duties under 1912 act: Sections 1, 2, 3, 6, 7, 8 9. See par¬ 

agraph 104. 

Filing and preservation of nomination papers: P Sec. 6. 

Duties as to ballots, &c: P Secs. 6, 7, 8, 9 and 22. 

Transmission of lists for publication: P Sec. 10. 

Publication of lists: P Sec. 10. 

Furnishing blanks for primary election returns: JP Sec. 15. 

Furnishing blanks for expenditure statements: C Sec. 9. 

Registration of nominations, and notifying candidates: P Sec. 16. 

Preservation of expense returns: P Sec. 18. 

Passing upon expense returns: P Sec. 21. 

95. Mayor and Aldermen-—Primary Election Law provisions: 

As to primary election warrants: P Sec. 11. 

Correction of voting lists: P Sec. 12. 

Examining election returns: P Sec. 15. 

96. Selectmen: 

Duties under 1912 act: Sections 4, 14. See paragraph 104. 

Primary election warrants: P Sec. 11. 

Correction of voting lists: P Sec. 12. 

Furnished with enrollment lists: P Sec. 13. 

Attesting election returns: P Sec. 15. 

97. Assessors of Plantations: 

Duties under 1912 act: Sections 4, 14. See paragraph 104. 

Primary election warrants: P Sec. 11. 

Correction of voting lists: P Sec. 12. 

Attesting election returns: P Sec. 15. 

98. Boards of Registration—Primary Election Law provisions: 

Preparation of voting lists: P Secs. 12 and 25. 

99. City, Town and Plantation Clerks: 

Duties under 1912 act: Sections 2, 3, 4, 5, 6, 7, 12, 14. See par¬ 
agraph 104. 


NEW ELECTION LAWS 


j8 

Posting of lists of candidates: P Sec. 10. 

Furnishing enrollment blanks: P Sec. 11. 

Furnishing enrollment lists: P Sec. 13. 

Attesting and delivering election returns: P Sec. 15. 

100. wardens: 

Duties under 1912 act: Sections 3, 4, 14. See paragraph 104. 

Furnished with enrollment lists: P Sec. 13. 

Duties at primary elections: P Sec. 15. 

101. Ward Clerks: 

Duties at primary elections: P Sec. 15. 

Duties under 1912 act: Sections 4, 14. See paragraph 104. 

102. Ballot Clerks: 

Duties as to enrollment at polls: P Sec. 13. 

103. Forms may be Obtained from Secretary of State—The Secretary 

of State will furnish to candidates, treasurers, political agents and 
other persons legally interested, printed forms drafted in accordance 
with the statutes, including nomination papers, notification of appoint¬ 
ment of treasurer or political agent, and various forms for return of 
expenditures under both the Corrupt Practices Act and the Primary 
Election Law. 

104. Note as to New Ballot Law of 1912—.Just as this compilation 

was going to press (March 23, 1912) the bill entitled “An Act to Pro¬ 
vide for the Use of Uniform Ballot Boxes and for the Preservation of 
Ballots Cast at Elections” was enacted at the special legislative session. 

It will take effect 90 days after the adjournment of the legislature, 
which is expected to occur on April 3, 1912. It in no way affects the 
Corrupt Practices Act, and affects the Primary Election Law only so 
far as it modifies the provisions of Chapter 6 of the Revised Statutes 
therein referred to. These modifications are referred to in the note on 
pages 39, 40 and 41. Following is a summary of the 1912 act. 

Section 1. Provides for the use of State Ballot Boxes for each 
polling place, and prescribes their construction. It modifies R. S. Ch. 6, 
Sections 41 and 44, referred to in Section 26 of the Primary Election 
Law. 

Section 2. Prescribes the duties of election officers and of town, 
plantation, ward, district and precinct clerks with reference to the public 
opening, use and care of such State Ballot Boxes, and imposes a penalty 
for violation of its provisions. Like Section 1 it modifies R. S. Ch. 6, 
Sections 41 and 44, referred to in Section 26 of the Primary Election Law. 

Section 3. Prescribes the duties of presiding election officers, of city, 
town and plantation clerks, and of the Secretary of State, with reference 
to the custody and repair of State Ballot Boxes, and of proceedings in 
case of their loss or destruction. Violation of its provisions is pun¬ 
ished by the penalty provided in R. S. Ch. 6, Section 32, (which is 
referred to in Section 14 of the Primary Election Law). Like Sections 
1 and 2, it modifies R. S. Ch. 6, Sections 41 and 44, referred to in Section 
26 of the Primary Election Law. 

Section 4. Amends R. S. Ch. 6, Section 25, (referred to in Section 
14 of the Primary Election Law) by striking out, (except as to ballots 
not required to be forwarded to the Secretary of State under Section 6 
of the 1912 Act) those provisions of Section 25 which relate to the 
preservation of ballots by town clerks for six months; also, provides 
that the result of the election shall be declared in open town or ward 
meeting, and for the method of sealing up in packages, thereafter, of 
the ballots and check lists, and their return to the city, town or plan¬ 
tation clerk; also, for the form of official endorsement upon such 
sealed packages by the town, plantation, or ward clerk, by a majority 
of the selectmen of towns and the assessors of plantations, or by the 
wardens in cities or voting precincts. Violation of the provisions of 
this Section is punished by the same penalty as that provided by Sec¬ 
tion 2 of the Act. 


NEW ELECTION LAWS 


29 


The provision of Ch. 149 of the Public Laws of 1907 (which amended 
R. S. Ch. 6, Sec. 25) requiring' clerks to keep the ballots “securely 
locked in an iron safe whenever such city, town or plantation shall 
so provide the same for his use as such clerk”, was apparently over¬ 
looked, and as it is not included in section 4 of the 1912 Act as recited 
in extenso, must be deemed to have been repealed. 

Section 5. Amends R. S. Ch. 6, Sec. 54, by reducing the time for 
delivery of election returns by the town clerks to the Secretary of State 
from thirty days to three days, and by reducing the time for the alter¬ 
native method of mailing such returns to the Secretary of State, from 
fourteen days to twenty-four hours. 

Section 6. Provides that within twenty-four hours after the State 
election town clerks shall express the ballots, with seals unbroken, to¬ 
gether with an attested copy of their records of the number of ballots 
furnished each polling place, in sealed boxes, to the Secretary of State, or 
that within three days after such election they shall deliver such boxes 
to that official at his office in Augusta; also, for the preservation of 
such ballots by the Secretary of State for six months. The penalty 
for violation of the provisions of the section, or for unlawfully breaking 
such seals is the same as that provided by Section 2 of the 1912 Act. 

Section 7. Provides for sending a messenger to towns from which 
returns or ballots have not been received, the expense of same to be 
added to the State tax assessed against such towns. 

Section 8. Provides for inspection of ballots at the Secretary of 

State’s office by candidates or other interested persons and for the re¬ 
sealing of the packages thereafter; also, for the production of the bal¬ 
lots, upon request, before the Governor and Council, the Legislature or 
either branch thereof, or any committee thereof, or before any court 
or magistrate having jurisdiction of any proceeding relating to said 
election. 

Section 9. Provides that the Secretary of State shall send suitable 
seals, forms, blanks and instructions to the several city, town and 

plantation clerks. 

Section 10. Amends R. S. Ch. 6, Section 59, by adding a provision 
permitting, after notice and hearing, the correction of election returns 
in accordance with the number of ballots found to have been actually 

cast, and providing for an examination of the ballots for that purpose. 

Section 11. Provides that the act shall be applied in determining 
the results of votes upon constitutional amendments and upon measures 
submitted to the determination of the people under the initiative and 
referendum provisions of the Constitution, “except questions relating 
to municipal affairs submitted under Section 21 of Part 3 of Article 4 
of the Constitution”; also that the Governor and Council may, without 
application therefor, after the prescribed newspaper notice, examine in 
open meeting the ballots cast on any such resolve or question. 

Section 12. Amends R. S. Ch. 6, Section 42, by extending its pro¬ 
visions, relative to preservation of check lists, to all elections at which 
the ballots cast are to be returned to the Secretary of State under the 
1912 Act, and by providing for the furnishing, by town clerks, of cer¬ 
tified copies of such check lists to the Governor and Council, within 
twenty days after demand. 

Section 13. “Nothing contained in this act shall affect the jurisdic¬ 
tion of the Supreme Judicial Court or any justice thereof to entertain 
proceedings under sections seventy to seventy-four, both inclusive, of 
chapter six of the Revised Statutes.” 

Section 14. Neglect to comply with the pi’ovisions of Sections 2, 3, 
4 and 6 of the act is deemed “wilful and unreasonable” within the 
meaning of R. S. Ch. 6, Sec. 91 (referred to in Section 26 of the 
Primary Election Law), unless the contrary is shown. 

NOTE—The public will note the possibility, that within 90 days from 
the adjournment of the Legislature, the referendum may be invoked up¬ 
on the foregoing act, and the consequent possibility, in such event, of its 
failure to be ratified by the people. 


30 


NEW election LAWS 


PRIMARY ELECTION LAW 

Adopted by tlie qualified voters of the State of Maine at the special 
election held September 11, 1911, proclaimed by the Governor on 
September 28, 1911, and taking 1 effect thirty days after said procla¬ 
mation. 

AN ACT to provide for nomination of candidates of political parties 

by primary elections. 

Be it enacted by the People of the State of Maine, as follows: 

Section 1. Nominations How Made; Political Parties Defined—All 

nominations of candidates for any state or county office, including 
United States Senator, member of Congress and member of the state 
legislature, shall hereafter be made at and by primary elections to be 
held in accordance with the provisions of this act. The term “political 
parties,” as used in this act, is hereby declared to mean such political 
parties as at the gubernatorial election next preceding any such primary 
election polled at least one per cent of the entire vote cast in the state 
for Governor. Nothing in this act shall be construed as preventing the 
nominations of candidates under section four of chapter six of the Re¬ 
vised Statutes. 

Section 2. Powers and Duties of State Conventions—Not less than 
sixty nor more than ninety days before the third Monday in June of 
each year in which a state election is held biennially, the political 
parties aforesaid shall each hold a state convention with such basis of 
representation and at such time and place and with such requisites as 
to call thereof and notice therefor as the state committee of each such 
political party may determine. All such state conventions first to be 
held under this act shall be so called by the appropriate state com¬ 
mittee in office when this act shall take effect. At any such state 
convention the political party so represented shall formulate and adopt 
its declaration of principles, or platform, for the state election then 
next ensuing, elect a state committee, a district committee for each 
congressional district, and a county committee for each county, sev¬ 
erally of such number and to be elected in such manner as the con¬ 
vention may determine. The chairman and secretary shall thereupon 
forthwith certify to the Secretary of State the platform so adopted and 
the names of the members of the committees so elected. Such com¬ 
mittees shall thereafterwards, as soon as reasonably practicable organ¬ 
ize by the choice of a chairman and secretary and certify such organ¬ 
ization to the Secretary of State; they may elect all other officers 
deemed needful, hold office until their next state convention hereunder, 
and perform such duties as may be imposed upon them by their respect¬ 
ive state conventions. All vacancies for unexpired terms shall be filled 
by the county committee of the county wherein such vacancy occurs 
and due certificate thereof made to the Secretary of State. All such 
state conventions may transact such other business as shall not be 
inconsistent with the provisions of this act. All State, congressional, 
district and county committees in office when this act takes effect shall 
so continue in office until their successors are elected hereunder. 

Section 3. Existing Political Committees Confirmed; Tenure; Duties 
—All the city, ward, town, plantation and representative class com¬ 
mittees of the political parties aforesaid in office when this act takes 
effect shall be recognised as the lawful and regular committees of such 


new election laws 


31 


political parties for such cities, wards, towns, plantations and repre¬ 
sentative classes. They shall continue to hold office until their suc¬ 
cessors are elected. Their successors shall be elected in such manner 
and with such tenure of office and duties, as the appropriate political 
part> within such city, ward, town, plantation or representative class 
may from time to time determine. Each such committee shall fill all 
vacancies in its membership. 

Section 4. When Deemed “Regularly Elected General or Exectitive 
Committees”—All committees created, elected or recognized under sec¬ 
tions two and three of this act shall be deemed to be regularly elected 
genei al or executive committees within the meaning of section eight 
of chapter six of the Revised Statutes and of all provisions of this act. 

Section 5. Nomination Papers How Signed and Verified—Nominations 
for places on the ballots to be used at primary elections shall be made 
for each of the political parties entitled as aforesaid to representation 
thereon by nomination papers signed in the aggregate for each candi¬ 
date of each political party by qualified voters within the electoral 
division or district, wherein such candidate is to be voted for, in num¬ 
ber not less than one per cent nor more than two per cent of the 

entire vote cast for governor in the last preceding state election in the 
state at large, if the office for which such candidate is to be voted for 

is to be filled by the voters of the state at large or is for the office of 

United States Senator, otherwise not less than one per cent nor more 
than two per cent of such gubernatorial vote wKhin the electoral divis¬ 
ion or district wherein such proposed candidate is to be voted for. All 
such nomination paper*; shall besides containing the names of the pro¬ 
posed candidates specify as to each, first, the name of the office for 
which he is proposed as a candidate; second, the political party which 
he represents; third, his place of residence. There shall not be in any 
nomination paper the name of more than one candidate proposed for 
nomination. Nomination papers shall be signed by members of the 
political party named therein for which the nomination is made. Each 
voter signing a nomination paper shall make his signature in person 
and add to it his place of residence. Each voter may subscribe his 
name to one nomination for a candidate for each office to be filled, and 
no more, except in cases where the office is to be filled by more than 
one person and in such cases only to the extent of such number. One 
of the signers to each such separate paper, or the person circulating the 
same, shall make oath thereon, or by certificate of oath annexed thereto, 
that Tie believes the signatures are genuine and that the persons sign¬ 
ing are members of the political party named therein and that they 
reside within the electoral division or district for which the nomina¬ 
tion is proposed. The State at large shall be considered an electoral 
division within the meaning of this section. 

Section 6. When to he Signed and Piled; Written Consent; Pilling 
of Vacancies—No such nomination papers shall be signed before the 
first day of January of the year in which such primary election is to 
be held and all such nomination papers shall be filed with the Secretary 
of State on or before the first Monday of May of said year. With such 
nomination papers there shall also be filed the consent in writing of 
the persons so proposed thereby as candidates, agreeing to accept the 
nomination if nominated at the primary election, not to withdraw, and, 
if elected at the state election, to qualify as such officer. Such nomi¬ 
nation papers so filed, and being in apparent conformity with the pro¬ 
visions hereof, shall be deemed to be valid; and, if not in apparent 
conformity, they may be seasonably amended under oath. In case any 
person who has been duly proposed as a candidate under the provisions 
hereof shall die before the day of the primary election, or shall with¬ 
draw in writing, so that the nominations shall be less than the number 
of the candidates required to be voted for by law, the vacancy may 
be supplied in the manner herein provided for such original nomination; 
or, if the time is insufficient therefor, then the vacancy may be sup- 


3 2 


NEW EJECTION eaws 


plied by the appropriate committee of the state, district, county, city, 
town, plantation or representative class by which such office is to be 
elected. The certificates of nomination made for supplying such vacancy 
shall state, in addition to the other provisions required by this act, the 
name of the original candidate proposed, the facts causing the vacancy 
and the measures taken in accordance with the above requirements for 
filling the vacancy; said certificate shall be accompanied by the with¬ 
drawal, if any, and shall be signed and sworn to by the Chairman or 
Secretary of the duly authorized committee, if the vacancy is filled by 
committee. The name so supplied for the vacancy shall, if the ballots 
have not been printed for the office already, be placed on the ballots 
instead of the original nomination; or, if the ballots have been printed, 
new ballots containing the new nomination shall, whenever practicable, 
be furnished, or slips containing the new nomination shall be printed 
under the direction of the Secretary of State, which may be pasted in 
proper place upon the ballots and thereafter shall become part and 
parcel of said ballots as if originally printed thereon. 

All nomination papers when filed shall forthwith be opened and kept 
open under proper regulations to public inspection and the Secretary 
of State shall preserve the same in his office not less than one year. 

Section 7. United States Senators to be Nominated at Primaries— 
Whenever at the regular session of the legislature next to meet after 
any primary election, so to be held as aforesaid biennially on the third 
Monday in June, one or more United States Senators are to be elected, 
the nominee, or nominees, for such office or offices of each political party 
shall be chosen at such primary election. Nominations therefor shall 
be made and filed as hereinbefore provided. Where but one United 
States Senator is so to be elected, the nomination papers and official 
ballot shall specify simply the office of United States Senator. When, 
however, two United States Senators are so to be elected, the nomi¬ 
nation papers and ballots shall by apt words designate the respective 
terms for which they are to be nominated. 

Section 8. Ballots How Prepared—Every ballot which shall be print¬ 
ed in accordance with the provisions of this act shall contain the names 
and residences of all candidates whose nominations have been duly 
proposed hereunder for any office specified in the ballot, and not with¬ 
drawn in accordance herewith, and the office for which they have been 
severally proposed through the nomination papers filed as aforesaid, 
and shall contain no other names. The order of offices shall be the 
same as in the regular September election, except that when nomina¬ 
tions for United States Senators are to be made, said office of United 
States Senator shall be first on said ballots. The name of each person 
for whom»as a candidate for nomination a valid nomination has been 
filed shall be printed on the ballot in but one place. The names of the 
candidates for nomination to each office shall be arranged under the 
designation of the office in alphabetical order, according to surnames. 
There shall be left at the end of each list of candidates for nomination 
to each office a blank space or spaces, in which the voter may write 
or paste the name or names of any person or persons not printed on 
the ballot for whom he desires to vote as a nominee or nominees for 
such office, the number of blank spaces so left to be equal to the num¬ 
ber of nominees to be selected for such office. The ballot shall be 
printed so as to give each voter a clear opportunity to designate his 
choice for candidates for nomination by making a cross (X) to the 
right of the name of each candidate he wishes to vote for as a nominee 
to each office; and on the ballot shall be printed such words as will 
aid the voters to do this, “Vote for one,’’ “Vote for two,” and the like. 
At the top of the ballot there shall be printed in capital letters, “Make 
a cross (X) in the square to the right of the name of the person you 
wish to vote for. Follow directions as to the number of candidates to 
be marked for each office. Add names by writing or pasting stickers 
in blank spaces and mark cross (X) to right of such names. Do not 


NEW ELECTION LAWS 


33 


erase names.” The ballots shall be printed on tinted paper, of a sep¬ 
arate tint for each political party, white for the party casting the 
highest vote for Governor at the last preceding state election, yellow 
for the second highest, blue for the third highest, green for the fourth 
highest, other colors for others if any, and brown for specimen or 
sample ballots. They shall be of uniform size for all political parties 
and folded before distribution in marked creases so as to be of uniform 
length and width and conceal the interior contents. On the back shall 
be printed so as to be visible when folded, “Official Nominating Ballot,” 
followed by the designation of the polling place for which the ballot is 
prepared, the date of the primary election and a fac-simile of the sig¬ 
nature of the Secretary of State. 

Section 9. Election Expenses How Defrayed —All ballots, printed 
notices, sample ballots and cards of instructions shall be furnished by 
the Secretary of State, at the expense of the State, in the same manner 
as in the case of regular elections. All the expense of the calling and 
holding of the primary elections and the making and forwarding of the 
returns thereof shall be paid for by the municipalities. All other - 
expenses hereunder shall be borne by the State. 

Section 10. Posting and Publishing Lists of Nominations —The Sec¬ 
retary of State shall fourteen days at least previous to the day of any 
primary election transmit to the clerks in each city, town and plan¬ 
tation printed lists containing the names, residences and party or politi¬ 
cal appellations of all candidates proposed for nomination as herein pro¬ 
vided for such election and to be voted for at each polling place in 
each such city, town and plantation respectively substantially in the 
form of the ballot to be used therein; and the clerks shall immediately 
cause the lists for each plantation, town or ward, as the case may 
be, to be conspicuously posted in one or more public places in such 
plantation, town or ward. The Secretary of State shall likewise cause 
to be published prior to the day of any such election hereunder, in at 
least two newspapers, if there be so many, printed or published in 
each county, representing so far as practicable, the political parties 
which, at the preceding gubernatorial election, cast the largest and next 
largest number of votes, a list of all the nominations proposed, as 
herein provided and to be voted for hereunder in such county, so far 
as may be in the form in which they shall appear upon the general 
ballots. New nominations proposed as hereinbefore provided, to fill 
vacancies, shall be transmitted, posted and published promptly, and so 
far as practicable in the manner herein directed, and communications 
transmitted as herein directed by the Secretary of State to any clerk 
shall be duplicated on the succeeding day. 

Section 11. Form, and Posting, of Election Warrants —Not less than 
seven days before the third Monday of June preceding a biennial state 
election, the selectmen of every town, by their warrant, shall notify 
and warn all legally Qualified voters to attend at the regular voting 
places on the third Monday in June for the purpose of voting for per¬ 
sons to be nominated by their respective political parties as candidates 
to be voted for on the second Monday in September then next ensuing. 
Said warrant shall be in substance as follows: 

PRIMARY ELECTION WARRANT. 

State of Maine: 

ss. 

County of 

To the legal voters of the town of 

You are hereby notified that the primary election in this town, of all 
political parties, entitled by law to nominate candidates for the next 

election, will be held at .. on Monday, June .. •••• 

next, for the purpose of nominating candidates for the following offices 
to be voted for at the election to be held on the second Monday in 
September next (and when such is the fact add and foi choice of 




34 


new election laws 


candidate, or candidates, for United States Senator to be elected by the 
Legislature next to convene in regular session”), viz: 

(Here follow the officers to be nominated.) 

The polls will be open at twelve o’clock, noon, and continue open 
until nine o’clock in the afternoon, when they will close. (To be 
changed from nine o’clock to six o’clock in towns of three thousand 
inhabitants or less.) 

Voters not enrolled as members of a political party entitled to nomi¬ 
nate candidates will not be permitted to vote. But voters entitled to 
enrollment .may cause themselves to be enrolled at the polling places 
during the primary election on taking and subscribing the oath required 
by law. 

Enrollment blanks will be furnished by the town clerk on application. 

Dated at . this . day of June, 19 . 


Selectmen of . 

Such warrants shall be posted in the manner required by law for 
warrants for the state election. Like warrants shall be issued by the 
mayor and aldermen of cities and the assessors of plantations, with 
appropriate changes and posted in like manner. In plantations and 
towns of two thousand inhabitants or less the provisions as to enrolled 
voters and enrollment shall be omitted. The meetings shall be opened 
and closed* as stated in the form of the warrant foregoing. In all such 
warrants appropriate provisions shall be inserted calling the attention 
of voters to opportunities for correction of lists of voters by selectmen, 
municipal officers or boards of registration in the manner required by 
law. 

Section 12. Qualification of Voters How Determined —In all such 

primary elections the qualifications of voters in towns and cities of 
any size shall be determined by the lists of voters used at the municipal 
elections in said towns and cities next preceding the primary election 
corrected as follows: In towns having five hundred or more registered 
voters and in all cities having less than four thousand inhabitants, the 
municipal officers shall exercise the powers enumerated in section forty 
of chapter five of the Revised Statutes except that applications shall 
be received only on the two secular days next preceding the day of the 
primary election. In towns having less than five hundred voters, the’ 
municipal officers shall exercise the powers of section forty-one of 
chapter five of the Revised Statutes. In cities having four thousand 
or more inhabitants* the correcting of said lists shall be governed by 
chapter five of the Revised Statutes. In plantations the qualifications 
of voters, as aforesaid, shall be determined by the lists of voters used 
therein at the last preceding state election corrected in the manner 
provided by section forty-one of chapter five of the Revised Statutes. 

Section 13. Voters Enrolled How; Method of Voting —No person shall 
vote at any primary election unless a legally qualified voter at such 
voting place, as required by the preceding section, and, in all cities and 
in towns of two thousand inhabitants or more, enrolled as qualified to 
vote in the caucuses of his political party in the manner provided by 
the general or special laws applicable to said cities, or any of them, 
or to said towns. The selectmen of towns and the wardens of wards 
in cities shall be seasonably furnished by the town or city clerk, or 
other official charged with the duty of preserving the same, with duly 
certified copies of all enrollment lists, arranging each political party 
separately and its names of voters therein alphabetically. If not there¬ 
in enrolled any voter qualified by law and this act as a legal voter at 
such voting place, may be enrolled after subscribing and making oath 
before a ballot clerk to the statement as required by chapter six, sec. 
one hundred and three, Revised Statutes, and the duties imposed upon 








NEW ELECTION LAWS 


35 


the secretary of a caucus by said section shall be performed by such 
ballot clerk. A suitable number of such statements shall be furnished 
at each voting- place by the city or town; if the number be insufficient, 
or none be furnished, the statement aforesaid may be sworn to as afore¬ 
said and return thereof made in like manner as if the same had been 
subscribed. At the polling places in the cities and towns aforesaid each 
person applying to vote shall give his name, residence, party affiliation, 
and place of last enrollment, if any; if already enrolled in the precinct 
he shall be given a ballot of his party, his name shall be checked on 
the enrollment list; and he shall be admitted to the voting booth and 
vote. If not enrolled and then enrolled as hereinbefore provided, he 
shall be given a ballot of his party, checked and may vote as aforesaid. 
In plantations and towns having less than two thousand inhabitants, 
enrollment shall not be necessary and any voter, legally qualified to 
vote therein, shall, upon giving his name and party affiliation, be given 
a ballot of his party, his name checked upon the voting list and he 
shall be admitted to the voting booth and vote. No ballot shall be 
received containing any distinguishing mark or figures thereon other 
than as herein expressly permitted. 

Section 14. Existing Eaws Made Applicable; Where Cross is to be 
Placed—Except' as modified or superseded by this act, sections twenty- 
three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-nine, 
thirty, thirty-one, thirty-two and thirty-three of Chapter six, R. S., 
shall apply, so far as necessary thereto, to primary elections, except, 
however, that in designating his choice of candidates the voter shall 
mark a cross (X) in the square to the right of the name of each person 
that he desires to vote for, and the voter, if desirous of voting for any 
person wdiose name is not printed upon the ballot, may do so by writing 
or pasting such name or names in the blank spaces left therefor and 
marking a cross (X) to the right of such name or names. 

Section 15. Counting of Ballots; Election Returns and Records—The 
Secretary of State shall seasonably furnish blanks for all voting places 
on which to make the returns required hereunder. The names of the 
candidates shall be printed thereon substantially as in the nominating 
ballot and in the space made for the purpose following each name shall 
be there entered the number of votes received in that polling place by 
each candidate. The ballots shall be sorted and the result declared in 
open plantation, town and ward meetings. Such record shall be sepa¬ 
rately made for the political parties respectively having proposed nomi¬ 
nees upon the ballot and shall give the number of votes lawfully cast 
for each of the nominees thereon, following as near as practicable the 
order of the political parties, officers and nominees thereon, so as to give 
the detailed result of such voting. Returns thereof shall be attested by 
the selectmen and town clerk, in towns, and by the assessors and clerk in 
plantations, in like manner as at the biennial election for Governor. 
Such clerks shall cause the returns aforesaid to be delivered at the office 
of the Secretary of State, by mail or otherwise, within seven days after 
such primary election and if not so delivered within said seven days like 
proceedings shall follow as provided by Chapter six, sections fifty-five to 
fifty-eight, both inclusive, of the Revised Statutes. In cities, the warden 
shall preside, as required by law at state elections, receive the votes of 
all qualified voters present, and, as herein required in case of town meet¬ 
ings, sort, count and declare the results in open ward meetings, and in 
the presence of the ward clerk, who shall make return and a record there¬ 
of, as in towns, and a fair copy of the record shall be attested by the 
warden and the ward clerk, sealed up in open ward meeting and deliv¬ 
ered to the city clerk, within twenty-four hours after the closing of the 
polls. And the aldermen of each city shall be in session within twenty- 
four hours after the close of the polls in such meetings, and in the pres¬ 
ence of the city clerk shall open, examine and compare the copies from 
the lists of votes given in in the several wards, of which the city clerk 
shall make a record and a return thereof shall be made into the office of 


new election LAWS 



the Secretary of State in the same manner as selectmen of towns are 
required to do hereunder. 

Section 16. Result of Election How Determined; Corrections —The 

Governor and Council by the first Tuesday of July in each year in 
which a primary election is held hereunder, shall open and compare the 
votes so returned hereunder, and have the same tabulated, and may 
receive testimony on oath to prove that the return from any city, town 
or plantation does not agree with the record of the vote of such city, 
town or plantation, in the number of votes or the names of the per¬ 
sons voted for, and to prove which of them is correct; and the return, 
when found to be erroneous, may be corrected by the record. No such 
correction can be made without application within seven days after the 
returns are opened and tabulated, stating' the error alleged, nor without 
reasonable notice thereof given to the person affected by such correc¬ 
tion, and during- said seven days any person voted for may personally, 
and by or with counsel, examine said returns in the presence of the 
Governor and Council, or either of them, or any member of the Council, 
or the Secretary of State. The person having- the hig-hest number of 
votes for nomination to any office shall be deemed to have been nomi¬ 
nated by his political party for that office, provided, that when a tie 
shall exist between two or more persons for the same nomination by 
reason of said two or more persons having an equal and the 1 highest 
number of votes for nomination by one party to one and the same 
office, the Secretary of State shall give notice to the several persons 
so having the highest and equal number of votes to attend at the office 
of the Secretary of State at a time to be appointed by said Secretary, 
who shall then and there .proceed publicly to decide by lot which of 
the persons so having an equal number of votes shall be declared 
nominated by his party with like effect as if there had been no such 
tie. To ascertain what persons have received the highest number of 
votes, the Governor and Council shall count and declare for any person 
all votes appearing by said returns to have been intentionally cast for 
him, although his name upon the return is misspelled or written with 
only the initial or initials of his Christian name or names, or with 
wrong initials or otherwise as the case may be; and they may hear 
testimony upon oath, in relation to such returns, in order to get at the 
intention of the voters and shall decide accordingly. When a return is 
defective by reason of any informality, an attested copy of the record 
may be substituted therefor. 

The Secretary of State shall enter in a register of nominations, to be 
kept by him for the purpose, the nominations for each party so ascer¬ 
tained, and shall forthwith notify by registered mail each person who 
is so nominated. 

Section 17. Candidate’s Failure to Pile Acceptance Deemed Refusal— 

Every candidate, so nominated and notified as aforesaid, shall within 
seven days after the receipt of such notification, send to the Secretary 
of State, by registered mail, the following acceptance: 

To the Secretary of State: 

I.. of 

nation to the office of . 

June .. 19 


The name of any candidate failing to file such acceptance shall not 
be printed upon the official ballot to be used at the state election and 
failure to file such acceptance within said seven days shall be deemed 
to be a refusal thereof. 

Section 18. Candidate’s Return of Expenditures —Each candidate, so 
nominated, shall, with such acceptance, send to the Secretary of State 
the following return by him subscribed and sworn to: 


. hereby accept the nomi- 

, made at the primary election 







NEW ELECTION LAWS 


37 


RETURN OF EXPENDITURES. 

To the Secretary of State: 

’ . of . nominated for the office 

of .. at the primary election held on June . 

19 , on oath depose and say that the following is a true and perfect 

return of all expenditures by me made, or liabilities by me incurred for 
any purpose whatever, except my actual personal travelling expenses, 
postage and stationery, in connection with my said nomination, or the 
procurement thereof, before, at, or since said primary election. 

The total amount thereof was. « 

The aforesaid amount is made up of the following: 

Printing . <j. 

Clerk Hire . 

Newspaper Advertising . $ 

Hall Rent . § 

Soliciting Agents . $ 

Miscellaneous . $ 

Total . $ 

Of the above, the following are itemized: 


PRINTING. 

Name. Date. Amount 

(The subdivisions of Clerk Hire, Newspaper Advertising, Hall Rent 
and Soliciting Agents shall follow the foregoing form.) 


MISCELLANEOUS. 

Name. Date. * Amount. Purpose. 

I further depose and say that no person, firm or corporation has with 
my knowledge and consent paid any sum, or incurred any liability, to 
procure, or to aid in procuring, my nomination aforesaid. 

Dated . A. D. 19 . 


State of Maine. 

County, ss. 

Personally appeared . 

foregoing return by him signed is 
Before me, 


true. 


and 


. A. D. 19 

made oath that 


the 


Justice of the Peace. 


If any statement in said return is wilfully false it shall be deemed 
to be perjury and shall be punished accordingly. No expenditures shall 
be so made, or liabilities be so incurred except for the purposes named 
aforesaid in said return and the subdivision of “Miscellaneous” shall 
not exceed ten per cent of the total amount hereinafter permitted. 

The returns aforesaid shall be open to public inspection for one year 
and then be destroyed. 

Section 19. Third Persons Prohibited from Making Expenditures— 

No person, firm or corporation shall directly or indirectly or by any 
device whatsoever pay any sum, or incur any liability, to procure or to 
aid in the procurement of the nomination of any candidate so to be 
voted for as aforesaid at any primary election without the knowledge 
and consent of such candidate. Whoever violates the provisions of this 
section forfeits five hundred dollars to be recovered by indictment. 

Section 20. U. S. Senatorial Candidates to File Acceptances and Re¬ 
turns —Candidates chosen for United States Senators, as aforesaid, shall 
file like acceptances and make like returns. If any such candidate fails 
so to do, his nomination at the primary election shall be deemed to be 
void. 

Section 21. Limitations of Expenditures; Effect of Exceeding Them— 

The expenditures to be made, and liabilities incurred, for which re¬ 
turns are to be made as hereinbefore provided, shall not exceed in 



























3§ 


new election laws 


amount for each candidate the following: In case of nominations for 
any office to be filled by the voters of the state one thousand five hun¬ 
dred dollars, for members of Congress five hundred dollars, for state 
senators and county officers one hundred and fifty dollars for each ten 
thousand votes cast for governor within the county at the last pre¬ 
ceding gubernatorial election or fraction thereof, for members of legis¬ 
lature in representative districts having three representatives or more 
one hundred dollars, in other representative districts fifty dollars, for 
United States Senator one thousand five hundred dollars. Whenever 
such expenditures and liabilities exceed the foregoing limitations, upon 
proof thereof to the satisfaction of the Secretary of State, after com¬ 
plaint, notice and hearing, or upon the admission of the fact by the 
candidate in his return, the finding of such fact by the Secretary of 
State shall be deemed to be a withdrawal by such candidate and the 
vacancy shall be filled in like manner as if such candidate had filed a 
withdrawal in writing. 

Section 22. Vacancies by Death or Withdrawal How Filled; Change 
in Ballots Thereupon—In case any candidate, except for the United 
States Senate, who has been duly nominated as the result of any pri¬ 
mary election hereunder, shall die before the day of the gubernatorial 
election, or shall withdraw in writing, the vacancy may be supplied by 
the political party of such nominee by any convention of delegates or 
appropriate caucus, under the provisions of Sections two, three and 
seven of Chapter six of the Revised Statutes, or, if the time is insuffi¬ 
cient therefor, then the vacancy may be supplied by the regularly 
elected state, congressional district, county, town, city, plantation or 
representative class committee, as the case may be, of such political 
party. The certificate of nomination, made for supplying such vacancy, 
shall state, in addition to the other facts required by this section, the 
name of the original nominee, the facts causing the vacancy, and the 
measures taken in accordance with the above requirements for filling 
the vacancy; said certificate shall be accompanied by the withdrawal, 
if any, and shall be signed and sworn to by the presiding officer or 
secretary of the convention or caucus, or by the chairman or secretary 
of the duly authorized committee, as the case may be. The name so 
supplied for the vacancy shall, if the ballots have not been printed for 
the office already, be placed on the ballots instead of the original nomi¬ 
nation; or, if the ballots have been printed, new ballots containing the 
new nomination shall, whenever practicable, be furnished, or slips con¬ 
taining the new nomination shall be printed under the direction of the 
Secretary of State, which may be pasted in proper place upon the 
ballots and thereafter shall become part and parcel of said ballots as 
if originally printed thereon. 

Section 23. Vacancy in U. S. Senatorial Candidacy Filled by Hew 
Election—In case any nominee for United States Senator, nominated 
hereunder, shall die before the meeting of the legislature at which such 
office is to be filled, or shall before that time withdraw in writing, a state 
primary election shall be ordered by proclamation of the Governor, at 
such date as he deems best, conforming as near as may be practicable 
to the provisions of this act, but in that event the Governor in said 
proclamation shall fix the time within which and when the returns shall 
be received and the result declared. Candidates so chosen shall be sub¬ 
ject to the provisions of this act regulating acceptances and returns by 
candidates for United States Senator. 

Section 24. Special Elections to be Preceded by Primaries—"When 
special elections are to be held for any office as required or permitted 
by law, primary elections for the nomination of candidates to be voted 
for thereat shall be held at such time as shall be ordered by the Gov¬ 
ernor by proclamation and, so far as practicable, all the provisions 
hereof shall be applicable thereto. Candidates so nominated shall file 
acceptances and returns of expenditures as hereinbefore provided. 


NEW ELECTION LAWS 


39 


Section 25. law as to Registration of Voters Made Applicable— 

Except as modified or superseded by this act, and so far as the same 
may be necessary for the purposes hereof, and where not inconsistent 
herewith, Chapter five of the Revised Statutes, and all acts additional 
thereto and amendatory thereof, are hereby made applicable to primary 
elections. 

Section 26. Provisions of Australian B. Law Made Applicable—Except 
as modified or superseded by this act, and so far as the same may be 
necessary for the purposes hereof, and where not inconsistent herewith, 
the following sections of Chapter six of the Revised Statutes with all 
acts additional thereto and amendatory thereof, are hereby made appli¬ 
cable to primary elections and all doings, therefor, thereat, or there¬ 
after, for the purposes thereof and of this act: Sections eleven, twelve, 
thirteen, sixteen, eighteen, nineteen, twenty, twenty-one, twenty-two, 
thirty-six, thirty-seven, thirty-eight, thirty-nine, forty, forty-one, forty- 
four, sixty-one, sixty-two, sixty-three, sixty-four, seventy-five, seventy- 
six to one hundred, both inclusive, one hundred and eighteen to one 
hundred and twenty-two, both inclusive, and one hundred and thirty- 
three to one hundred and thirty-six, both inclusive. 

Section 27. Election Proceedings Conform to Those at Regular Elec¬ 
tions—In construing the provisions of this act and of all sections of 
the Revised Statutes, with all acts additional thereto and amendatory 
thereof, hereby made applicable as aforesaid to the primary elections to 
be held hereunder, and to all matters herein contained before and after 
such primary election, material to the purposes thereof, they shall, as 
to the duties of officers, forms, blanks, ballots, elections, warrants, 
returns, and all other matters, so far as necessary for accomplishing 
the purposes of this act, be understood and interpreted as though said 
primary election is a separate election for each political party making 
its nominations hereunder, and to be conducted as to that party as 
nearly as practicable the same as the regular biennial state elections 
in September are conducted for all the electors except in so far as the 
manner of proceeding before, at and after said September election may 
be modified or changed by this act for the purposes of said primary 
elections. The provisions of this act do not modify or in any manner 
control the proceedings at the regular biennial state elections except in 
so far as they may be herein expressly and directly amended. 

Section 28. Inconsistent Acts Repealed—All acts or parts of acts 
inconsistent herewith or contrary to the provisions of this act, are 
hereby repealed. 

Section 29. Certain Nominations to be Made by Primaries and Not 
Otherwise—Every political party entitled by law to representation upon 
the official ballot at state elections held biennially on the second Mon¬ 
day in September, or at any special election for state or county officers 
or for members of Congress or members of the legislature, shall nomi¬ 
nate all its candidates for such offices, to be voted for at such elections, 
under the provisions of this act and not in any other manner. 

Section 30. Approval and Payment of Expenditures by State—All 
accounts for expenditures by the state hereunder shall be approved in 
the manner required by law and after approval the Governor and Coun¬ 
cil shall draw their warrant against any money in the treasury not 
otherwise appropriated in payment thereof. 

NOTE AS TO STATUTORY REFERENCES IN PRIMARY ELEC¬ 
TION LAW. 

There are numerous references in the foregoing act to sections of 
the Revised Statutes, in some instances without any indication of the 
nature of the sections so referred to. For the convenience of readers, 
the following list is appended, shov/ing the general nature of such 
sections. 


40 


NEW ELECTION LAWS 


PRIMARY ELECTION LAW 

SECTION 1. Refers to R. S. Ch. 6, Sec. 4, which provides for nomi¬ 
nations by means of nomination papers. See this section in full, in 
paragraph 9 of this compilation. 

SECTION 4. Refers to R. S. Cli. 6, Sec. 8, which provides for the 
filling of vacancies after nomination and before election. In certain 
contingencies there specified, the vacancy is to be filled by a “regularly 
elected general or executive committee” representing the party or per¬ 
sons holding the nominating convention or caucus. 

SECTION 12. Refers to R. S. Ch. 5, Sec. 40, which provides for the 
registration of voters by the municipal officers in towns of 500 or more 
registered voters, and cities having less than 4000 inhabitants. 

Also, to R. S. Cli. 5, Sec. 41, which provides for registration by the 
municipal officers in towns of less than 500 voters. 

Also, to R. S. Ch. 5, which, as to cities having 4000 or more inhab¬ 
itants, provides for registration by boards of registration. 

SECTION 13. Refers to R. S. Ch. 6, Sec. 103, which provides for 
record of enrollments by the town clerk, the providing of enrollment 
blanks and books, the enrollment at a caucus by subscribing and making- 
oath before the chairman, the subsequent indorsement of the facts on 
such enrollment by the secretary of the caucus, and its return by him 
to the town clerk for entry in the enrollment list. 

SECTION 14. Refers to R. S. Ch. 6, Sec. 23, which provides that the 
voter shall give his name to the ballot clerk, that he shall thereupon 
be given a ballot and his name checked. 

Also, to R. S. Ch. 6, Sec. 24, which specifies in detail the method of 
voting, including the use of stickers, under the Australian Ballot Law. 

Also, to R. S. Ch. 6, Sec. 25, which provides for the voter obtaining 
new ballots Tor those spoiled, for counting the ballots, and for the 
preservation of canceled and unused ballots and the check lists, with 
penalty for tampering with same. (Amended by Ch. 149, Public Laws 
of 1907. Further amended by Section 4 of 1912 act. See paragraph 104). 

Also, to R. S. Ch. 6, Sec. 26, which provides for assistance to voters 
who are unable to mark their ballots. 

Also, to R. S. Ch. 6, Sec. 27, which provides for the various cases in 
which ballots shall not be counted. (Amended by Ch. 71, Public Laws 
of 1911). 

Also, to R. S. Ch. 6, Secs. 29, 30, 31, 32 and 33, which provide penal¬ 
ties for various offenses in connection with elections. (As to Section 32, 
see Section 3 of 1912 act, paragraph 104). 

SECTION 15. Refers to R. S. Ch. 6, Secs. 55 to 58, inclusive, which 
provide for prosecution of clerks failing to make return to the Secre¬ 
tary of State within 30 days after the election, and for supplying lost 
returns by a duly certified copy of the record. 

SECTION 22. Refers to R. S. Ch. 6, Sec. 2, which provides that can¬ 
didates may be nominated by conventions, caucuses, or (by nomination 
papers) individual voters. 

Also, to R. S. Ch. 6, Sec. 3, which provides for certificates of nomi¬ 
nation by conventions and caucuses. 

Also, to R. S. Ch. 6, Sec. 7, which provides that certificates of nomi¬ 
nation, if apparently conforming to the law, are valid* and if not, for 
their amendment under oath. 


SECTION 25. 

tration of voters. 

Refers 

to 

R. 

S. 

Ch. 5, 

which 

provides 

for the regis- 

SECTION 26. 

Refers 

to 

R. 

s. 

Ch. 6, 

Sec. 

11, which 

provides how 


ballots shall be folded, and for a record of the number furnished. 

Also, to R. S. Ch. 6, Sec. 12, which provides for the number of ballots 
to be furnished each voting place. (Amended by Ch. 135, Public Laws 
of 1905). 

Also, to R. S. Ch. 6, Sec. 13, which provides for cards of instruction 
and specimen ballots. 


NEW ELECTION LAWS 


41 


Also, to R. S. Ch. 6, Sec. 16, which provides for furnishing two sets 
of ballots, together with specimen ballots and cards of instruction, 
receipts therefor, and record thereof. 

Also, to R. S. Ch. 6, Sec. 18, which provides for the disposition to be 
made of the ballots, etc., on election day, by the town clerk and election 
officials. 

Also, to R. S. Ch. 6, Sec. 19, which provides for proceedings in case 
of loss of ballots. 

Also, to R. S. Ch. 6, Sec 20, which permits the municipal officers to 
divide towns of more than 4000 inhabitants, and wards of cities, into 
polling districts and for the appointment of election officials and prepa¬ 
ration of check lists therefor. (Amended by Ch. 94, Public Laws of 1911). 

Also, to R. S. Ch. 6, Sec. 21, which provides for the appointment and 
qualification of election and ballot clerks, and for duplicate check lists 
for the ballot clerks. (Amended by Ch. 61, Public Laws of 1907, and 
Ch. 17, Public Laws of 1909). 

Also, to R. S. Ch. 6, Sec. 22, which provides for voting shelves or 
compartments, and supplies for voters therein. (Amended by Ch. 148, 
Public Laws of 1905). 

Also, to R. S. Ch. 6, Sec. 36, which provides that presiding election 
officers have the powers of moderators of town meetings. 

Also, to R. S. Ch. 6, Sec. 37, which provides that if selectmen are 
absent, others may be chosen pro tempore by the voters. 

Also, to R. S. Ch. 6, Sec. 38, which provides who shall preside at such 

election pro tempore. 

Also, to R. S. Ch. 6, Sec. 39, prescribing the oath, powers and duties of 
such selectmen pro tempore. 

Also, to R. S. Ch. 6,, Sec. 40, which provides for the place of voting in 
case of setting off and annexation of territory. 

Also, to R. S. Ch. 6, Sec. 41, which provides for check lists, a ballot 
box, and the identification of voters. (Modified by Sections 1, 2 and 3 
of 1912 act. See paragraph 104). 

Also, to R. S. Ch. 6, Sec. 44, which prescribes the construction and use 

of ballot boxes. (Modified by Sections 1, 2 and 3 of 1912 act. See para¬ 

graph 104). 

Also, to R. S. Ch. 6, Sec. 61, which provides for elections in city wards. 

Also, to R. S. Ch. 6, Sec. 62, which provides for the election of a 
warden pro tempore. 

Also, to R. S. Ch. 6, Sec 63, which divides the Portland islands into 
two wards. 

Also, to R. S. Ch. 6, Sec. 64, which provides for election proceedings in 
said two wards. 

Also, to R. S. Ch. 6, Sec. 75, which relates to voters in unincorporated 
places, and on islands. 

Also to R. S. Ch. 6, Secs. 76 to 100 inclusive, which provide penalties 
for various cases of misconduct and neglect at elections. (As to section 
91, see Section 14 of 1912 act, paragraph 104). 

Also, to R. S. Ch. 6, Secs. 118 to 122 inclusive, which regulate election 
proceedings in plantations. 

Also, to R. S. Ch. 6, Secs. 133 to 136, inclusive, which regulate voting 
by citizens absent in military service, but not in the regular army of 
the United States. 


42 


NEW election laws 


CORRUPT PRACTICES ACT. 

Chapter 122, Laws of Maine, 1911. 

An Act Concerning Corrupt Practices at Elections, Caucuses, and 

Primaries. 

Be it enacted by the People of the State of Maine, as follows: 

Section 1. Scope of Act, and Definition of Terms —The provisions of 
this act shall apply to the election of all officers for whom ballots shall 
be cast pursuant to the provisions of chapter six of the Revised Stat¬ 
utes and to the elections of all officers to be voted for by the legislature 
or either branch thereof, the board of aldermen, municipal officers, com¬ 
mon council or city council of any city, to all caucuses and primary 
elections preliminary to any such other elections and to all candidates 
to be voted for at such elections, caucuses and primary elections. The 
term “caucuses and primary elections’’ shall include: (a) all meetings 
held to nominate a candidate for office or to elect delegates to a nomi¬ 
nating convention; (b) nominating conventions of such delegates; and 
(c) caucuses of members of the legislature or either branch thereof, of 
the board of aldermen, common council or city council of any city. Any 
person shall be deemed to be a candidate for the office of senator of 
the United States for whom ten or more votes shall have been cast 
either at a legislative caucus, or at a regular election by the legislature. 

Section 2. “Political Committees” Defined; Definition and Appoint¬ 
ment of Treasurers and Political Agents —The term “political com¬ 
mittee” shall include every committee or combination of three or more 
persons to aid or promote the success or defeat of any political party 
or principle in any such election, or to aid or take part in the nomi¬ 
nation or election of any candidate for public office. The term “treas¬ 
urer” shall include all persons appointed by any political committee to 
receive or disburse moneys to aid or promote the success or defeat of 
any such partj r , principle, or candidate. The term “political agent” 
shall include all persons appointed by any candidate before any such 
election, caucus, or primary election to assist him in his candidacy. 
No person shall act as any such treasurer or political agent unless, 
after his appointment and before the election for which he is appointed, 
a writing designating him as such treasurer or political agent shall be 
filed with the secretary of the state, except that, in case the duties of 
such treasurer or political agent shall relate to any town, city or ward 
election exclusively, or to any caucus or primary election preliminary 
thereto, such writing shall be filed with the town clerk of the town 
within which such candidate resides instead of with said secretary of 
the state.* Every such writing shall designate the particular period, 
election, caucus, or primary election during which such treasurership 
or political agenc 3 r shall continue. Nothing in this act shall prevent 
the treasurer or political agent of any organization or candidate from 
being the treasurer or political agent of any other organization or can¬ 
didate, and any candidate for public office may designate himself as 
his own political agent. 

Section 3. Campaign Contributions by and to Whom Made —Any per¬ 
son nominated as a candidate for public office may make a voluntai'y 
payment of money to any treasurer or political agent; provided, how¬ 
ever, that no person other than such a candidate shall, to aid or pro¬ 
mote the success or defeat of any political party or principle, or of any 
candidate for public office, within six months prior to any such election 
make a contribution of money or property to any person other than to 


NEW ELECTION LAWS 


43 


a treasurer or political agent. Nothing contained in this act shall limit 
or affect the right of any person to expend money for proper legal 
expenses in maintaining or contesting the results of any such election. 

Section 4. Election Expenses How Paid —No person other than a 
treasurer or political agent shall pay any of the expenses of any elec¬ 
tion, caucus, or primary election, except that a candidate may pay his 
own expenses for postage, telegrams, telephones, stationery, printing, 
express, and traveling; but the provisions of this section shall not apply 
to non-partisan election and ante-election expenses paid for out of the 
public moneys of the state* or of any town, city, or other municipality. 

Section 5. List of Lawful Expenditures by Treasurers and Political 
Agents —Subject to the foregoing limitations, it shall be lawful for any 
treasurer or political agent, in connection with any election, caucus, or 
primary election, to pay the following expenses: (a) of hiring public 
halls and music for conventions, public meetings, and public primaries, 
and for advertising the same by posters or otherwise; (b) of printing 
and circulating political newspapers, pamphlets, and books; (c) of print¬ 
ing and distributing ballots and pasters; (d) of renting rooms to be 
used by political committees; (e) of compensating clerks and other per¬ 
sons employed in committee rooms and at the polls; (f) of traveling 
expenses of political agents, committees and public speakers; (g) of 
necessary postage, telegrams, telephones, printing, express, and convey¬ 
ance charges. No treasurer or political agent shall incur any expense 
for any purpose not authorized by this section. 

Section 6. Returns by Treasurers and Political Agents —-Within fif¬ 
teen days after any such election, every treasurer and every political 
agent shall file an itemized sworn statement with the officer with whom 
his designation was filed as aforesaid, which statement shall include the 
amount of money or property in each case received or promised, the 
name of the person from whom it was received or by whom it was 
promised, the amount of every expenditure made or liability incurred, 
the name of the person to whom such expenditure or promise was made, 
and shall elearlj'- state the purpose for which such money or property 
was so expended or promised. 

Section 7. Returns by Candidates —Every candidate for public office, 
including candidates for the office of senator of the United States, shall, 
within fifteen days after the election at which he was a candidate, file 
with the secretary of the state, if a candidate for a senator of the 
United States, representative in Congress, or for any state or county 
office, state senator, or representative in the legislature, but with the 
town clerk of the town in which he resides if he was a candidate for 
a town, city, or ward office, an itemized, sworn statement setting forth 
in detail all the moneys contributed, expended or promised by him to 
aid and promote his nomination or election, or both, as the case may be, 
and all existing unfulfilled promises or liabilities remaining uncanceled 
and in force at the time such statement is made, whether such expendi¬ 
tures, promises, and liabilities were made or incurred before, during, 
or after such election. If no money or other valuable thing was 
given, paid, expended, contributed, or promised, and no unfulfilled lia¬ 
bilities were incurred by a candidate for public office to aid or promote 
his nomination or election, he shall file a statement to that effect within 
fifteen days after the election at which he was a candidate. Any can¬ 
didate who shall fail to file such a statement shall be fined twenty-five 
dollars for every day on which he is in default, unless he shall be 
excused by the court. Fifteen days after any such election the secre¬ 
tary of the state or the town clerk, as the case may be, he shall notify 
the proper prosecuting officer of any failure to file such a statement on 
the part of any candidate, and within ten days thereafter such prose¬ 
cuting officer shall proceed to prosecute such candidate for such offense. 

Section 8. Preservation of Returns for Public Inspection —All state¬ 
ments filed in accordance with the provisions of this act shall be pre¬ 
served for fifteen months after the election to which they relate, and 
shall, during said period, be open to public inspection. 


4-1 


new election laws 


Section 9. Secretary of State to Furnish Blanks —The secretary of 
the state shall, at the expense of the state, ‘provide every town clerk 
with blank forms suitable for such treatments. (Note—“Treatments” 
is evidently a clerical error; should read “statements”). 

Section 10. Failure to File Return Forfeits Salary —No person elected 
to any office established by the constitution or laws of this state shall 
receive any salary or emolument for the period during- which he shall 
have failed to file such statement. 

Section 11. Corrupt Practices Defined and Penalty Provided —The fol¬ 
lowing persons shall be guilty of corrupt practices and shall be pun¬ 
ished by a fine of not less than fifty nor more than two thousand dol¬ 
lars or by imprisonment for not less than thirty days nor more than 
two years or by both. (a) Every person who shall directly or indirectly 
receive, accept, request, or solicit from any person, committee, associ¬ 
ation, organization, or corporation any money, gift, advantage, prefer¬ 
ment, aid, emolument, or any valuable thing whatsoever, for the pur¬ 
pose of inducing or procuring any person to vote or refrain from voting 
for or against any person, or for or against any measure at any such 
election, caucus, or primary election. (b) Every person who, in con¬ 
sideration of any money, gift, advantage, preferment, aid, emolument, 
or any valuable thing whatsoever, paid, received, accepted or promised 
to the advantage of himself or any other person, shall vote or refrain 
from voting for or against any person, or for or against any measure 
at any such election, caucus, or primary election. (c) Every person, 
other than the political committees known as the national, congres¬ 
sional, state, town, city, or ward, who shall solicit from any candidate 
for the office of elector of president and vice-president of the United 
States, of senator of the United States, or representative in Congress, 
or of any state, county, town, city, or ward office, any money, gift, con¬ 
tribution, emolument, or other valuable thing for the purpose of using 
the same for the support, assistance, benefit, or expenses of any club, 
company, or organization, or for the purpose of defraying the cost or 
expenses of any political campaign or election. (d) Every person who 
shall, directly or indirectly, pay, give, contribute, or promise any money 
or other valuable thing, to defray, or towards defraying, the cost or 
expenses of any campaign or election to any person, committee, com¬ 
pany, club, organization, or association other than to a treasurer or 
political agent; but this sub-section shall not apply to any expenses 
for postage, telegrams, telephones, stationery, printing, express, or 
traveling incurred by any candidate for office or for nomination thereto, 
(e) Every person who, in order to secure or promote his own nomi¬ 
nation or election as a candidate for public office, shall, directly or 
indirectly, promise to appoint or promise to secure or assist in securing 
the appointment, nomination, or election of any other person to any 
public position, or to any position of honor, trust, or emolument, pro¬ 
vided, however, that any person may publicly announce his own choice 
or purpose in relation to any appointment, nomination, or election in 
which he may be called to take part, if he shall be nominated for or 
elected to any public office. (f) Every person who shall directly or 
indirectly by himself or through another person, make a payment or 
promise of payment to a treasurer or political agent, in any other name 
than his own, and every treasurer or political agent who shall know¬ 
ingly receive a payment or promise of payment, or enter or cause the 
same to be entered in his accounts, in any other name than that of the 
person by whom such payment or promise of payment is made. 

Section 12. Judicial Investigations of Corrupt Practices —At any time 
within thirty days after such election any elector or voter at such elec¬ 
tion may present to any judge of the supreme judicial or superior courts 
a petition upon oath, upon information or personal knowledge that 
corrupt practices, contrary to the provisions of any section of this act, 
were committed at or preliminary to such election, naming the suc¬ 
cessful candidate as defendant, and praying that the facts alleged may 


NEW ELECTION LAWS 


45 


be inquired into. If such judge shall be of the opinion that the inter- 
es & ot public justice require such proceeding, he shall order reasonable 
notice of such petition to be given the defendant and shall notify the 
clnet justice of the supreme judicial court of such petition. The chief 
justice shall designate an additional judge to hear such petition in 
conjunction with the judge to whom the petition was presented, and, 
m case of the latter’s disqualification or inability, the chief justice shall 
appoint two judges to hear such petition. Such petition shall be tried 
without a jury, and the petitioner and all candidates at such election 
shall be entitled to appear and be heard as parties. In case such peti¬ 
tion relates to the election of electors or* president and vice-president 
of the United States, a senator of the United States, a representative 
m congress or in the legislature, the trial judges shall have no power 
to declare any such election to be void, but shall file their joint finding 
as to whether or not the successful candidate, or his political agent, 
was so guilty of corrupt practices, with the secretary of the state, 
together with the transcript of the evidence. In case such petition 
relates to any other office, the trial judges shall file with the governor 
their joint decision as t<3 whether or not the successful candidate, or 
his political agent, was so guilty of corrupt practices, and as to whether 
or not such election was void as hereinafter provided. If said judges 
differ as to whether any such candidate, in person or in the person of 
his political agent, was so guilty, or whether any such election was 
so void, they shall so certify to the secretary of the state, or to the 
governor, as the case may be, and they shall also file a transcript of 
the evidence with such certificate. In case any such joint decision so 
to be filed with the governor shall decide that any such successful 
candidate, so petitioned against, was, in person or in the person of his 
political agent, so guilty of corrupt practices, such election shall be 
void, except as hereinafter provided; and in case of any such void elec¬ 
tion, the governor shall, within ten days after the receipt of such 
decision, issue a writ for a new election to be held within forty days 
after the issuance of such writ. If any candidate shall have been so 
jointly found or decided to have been so guilty, in person, of corrupt 
practices, he shall be ineligible to election or appointment to any public 
office for the period of four years; but the mere finding or decision that 
his political agent was so guilty shall not render him ineligible to 
office. But wffiere the trial judges or one of them shall decide or certify 
that any such successful candidate was guilty of corrupt practices only 
in the person of his agent, and that (a) no corrupt practice was com¬ 
mitted by the candidate personally and the offense was committed con¬ 
trary to his order and without his sanction or connivance; (b) such 
candidate took all reasonable means for preventing the commission of 
corrupt practices; (c) the offense was of a trivial, unimportant, and 
limited character; and (d) in all other respects such election was free 
from any corrupt practice on the part of such candidate, and of his 
political agents, then the election of such candidate shall not be void, 
nor shall the candidate be subject to any ineligibility therefor. Costs 
may be taxed as in equity, and the trial judges shall have power to 
tax double, treble, or quadruple costs against the petitioner if they 
shall find that the allegations of his petition are materially untrue, and 
that his petition was brought from vexatious or malicious motives. An 
appeal may be had on questions of law from any decision relative to 
the ineligibility to public office of any such candidate, but no appeal 
shall lie from any decision holding that any such election was or was 
not void. 

Approved March 29, 1911. 


* Evidently a typographical error. Should be "of”. 



46 


NEW ELECTION LAWS 


FEDERAL ACT. 

“An Act Providing 1 for Publicity of Contributions made for the purpose 
of influencing 1 Elections at which Representatives in Congress are 
elected,” approved June 25, 1910, (36 U. S. Statutes at Large, Ch. 
392), as amended by “An Act to amend an act entitled ‘An Act pro¬ 
viding* for publicity of contributions made for the purpose of influ¬ 
encing 1 elections at which Representatives in Congress are elected’ 
and extending 1 the same to candidates for nomination and election to 
the offices of Representative and Senator in the Congress of the 
United States and limiting the amount of campaign expenses.” (Ap¬ 
proved August 19, 1911). 

Section 1. Scope of the Term “Political Committee”—Be it enacted 
by the Senate and House of Representatives of the United States of 
America in Congress assembled, That the term “political committee” 
under the provisions of this Act shall include the national committees 
of all political parties and the national congressional campaign com¬ 
mittees of all political parties and all committees, associations, or organ¬ 
izations which shall in two or more states influence the result or attempt 
to influence the result of an election at which Representatives in Con¬ 
gress are to be elected. 

Section 2. Necessary Officers; Treasurer to Keep Accounts—That ev¬ 
ery political committee as defined in this Act shall have a chairman 
and a treasurer. It shall be the duty of the treasurer to keep a de¬ 
tailed and exact account of all money or its equivalent received by or 
promised to such committee or any member thereof, or by or to any 
person acting under its authority or in its behalf, and the name of 
every person, firm, association, or committee from whom received, and 
of all expenditures, disbursements, and promises of payment or dis¬ 
bursement made by the committee or any member thereof, or by any 
person acting under its authority or in its behalf, and to whom paid, 
distributed, or disbursed. No officer or member of such committee, or * 
other person acting under its authority or in its behalf, shall receive 
any money or its equivalent, or expend or promise to expend any money 
on behalf of such committee, until after a chairman and treasurer of 
such committee shall have been chosen. 

Section 3. Vouchers for Bills Exceeding $10; Preservation Thereof— 
That every payment or disbursement made by a political committee 
exceeding ten dollars in amount be evidenced by a receipted bill stating 
the particulars of expense, and every such record, voucher, receipt, or 
account shall be preserved for fifteen months after the election to which 
it relates. 

Section 4. Duties with Regard to Contributions—That whoever, act¬ 
ing under the authority or in behalf of such political committee, whether 
as a member thereof or otherwise, receives any contribution, payment, 
loan, gift, advance, deposit, or promise of money or its equivalent shall, 
on demand, and in any event within five days after the receipt of such 
contribution, payment, loan, gift, advance, deposit, or promise, render 
to the treasurer of such political committee a detailed account of the 
same, together with the name and address from whom received, and 
said treasurer shall forthwith enter the same in a ledger or record to 
be kept by him for that purpose. 

Section 5. Statements of Accounts by Treasurer—That the treasurer 
of every such political committee shall, not more than fifteen days and 
not less than ten days next before an election at which Representatives 
in Congress are to be elected in two or more states, file in the office of 


new election laws 


47 

the Clerk of the House of Representatives at Washington, District of 
Columbia, with said Clerk, an itemized detailed statement; and on each 
sixth day thereafter until such election said treasurer shall file with 
said Clerk a supplemental itemized detailed statement. Each of said 
statements shall conform to the requirements of the following section 
of this Act, except that the supplemental statement herein required 
need not contain any item of which publicity is given in a previous 
statement. Each of said statements shall be full and complete, and 
shall be signed and sworn to by said treasurer. 

It shall also be the duty of said treasurer to file a similar statement 
with said Clerk within thirty days after such election, such final state¬ 
ment also to be signed and sworn to by said treasurer and to conform 
to the requirements of the following section of this Act. The state¬ 
ments so filed with the Clerk of the House shall be preserved by him 
for fifteen months and shall be a part of the public records of his office 
and shall be open to public inspection. 

Section 6. Details of Such Statements —That the statements required 
by the preceding section of this Act shall state: 

First. The name and address of each person, firm, association, or 
committee who or which has contributed, promised, loaned, or advanced 
to such political committee, or any officer, member, or agent thereof, 
either in one or more items, money or its equivalent of the aggregate 
amount or value of one hundred dollars or more, and the amount or 
sum contributed, promised, loaned, or advanced by each. 

Second. The aggregate sum contributed, promised, loaned, or ad¬ 
vanced to such political committee, or to any officer, member, or agent 
thereof, in amounts of less than one hundred dollars. 

Third. The total sum of all contributions, promises, loans, and ad¬ 
vances received by such political committee or any officer, member, or 
agent thereof. 

Fourth. The name and address of each person, firm, association, or 
committee to whom such political committee, or any officer, member, 
or* agent thereof, has distributed, disbursed, contributed, loaned, ad¬ 
vanced, or promised any sum of money or its equivalent of the amount 
or value of ten dollars or more, stating the amount or sum distributed, 
disbursed, contributed, loaned, advanced, or promised to each, and the 
purpose thereof. 

Fifth. The aggregate sum distributed, disbursed, contributed, loaned, 
advanced, or promised by such political committee, or any officer, mem¬ 
ber, or agent thereof, where the amount or value of such distribution, 
disbursement, loan, advance, or promise to any one person, firm, asso¬ 
ciation, or committee in one or more items is less than ten dollars. 

Sixth. The total sum disbursed, distributed, contributed, loaned, ad¬ 
vanced, or promised by such political committee, or any officer, member, 
or agent thereof. 

Section 7.—All Persons Expending or Promising $50 or More to Pile 
Statement —That every person, firm, association, or committee, except 
political committees as hereinbefore defined, that shall expend or promise 
any sum of money or other thing of value amounting to fifty dollars or 
more for the purpose of influencing or controlling, in two or more 
states, the result of an election at which Representatives to the Con¬ 
gress of the United States are elected, unless he or it shall contribute 
the same to a political committee as hereinbefore defined, shall file the 
statements of the same under oath, as required by section six of this 
Act, in the office of the Clerk of the House of Representatives, at 
Washington, District of Columbia, which statements shall be held by 
said Clerk in all respects as required by section five of this Act. 

Section 8. Candidates for U. S. Representative and Senator to Pile 
Statements; Certain Acts Prohibited —The word “candidate” as used in 
this section shall include all persbns whose names are presented for 
nomination for Representative or Senator in the Congress of the United 
Slates at any primary election or nominating convention, or for indorse- 


4 8 


NKW ELECTION laws 


ment or election at any general or special election held in connection 
with the nomination or election of a person to fill such office, whether 
or not such persons are actually nominated, indorsed, or elected. 

Every person who shall be a candidate for nomination at any primary - 
election or nominating convention, or for election at any general or 
special election, as Representative in the Congress of the United States, 
shall, not less than ten nor more than fifteen days before the day for 
holding such primary election or nominating convention, and not less 
than ten nor more than fifteen days before the day of the general or 
special election at which candidates for Representatives are to be elected, 
file with the Clerk of the House of Representatives at Washington, Dis¬ 
trict of Columbia, a full, correct, and itemized statement of all moneys 
and things of value received by him or by anyone for him with his 
knowledge and consent, from any source, in aid or support of his can¬ 
didacy, together with the names of all those who have furnished the 
same in whole or in part; and such statement shall contain a true and 
itemized account of all moneys and things of value given, contributed, 
expended, used, or promised by such candidate, or by his agent, repre¬ 
sentative, or other person for and in his behalf with his knowledge and 
consent, together with the names of all those to whom any and all such 
gifts, contributions, payments, or promises were made, for the purpose 
of procuring his nomination or election. 

Every person who shall be a candidate for nomination at any primary 
election or nominating convention, or for indorsement at any general 
or special election, or election by the legislature of any state, as Sena¬ 
tor in the Congress of the United States, shall, not less than ten nor 
more than fifteen days before the day for holding such primary election 
or nominating convention, and not less than ten nor more than fifteen 
daj^s before the day of the general or special election at which he is 
seeking indorsement, and not less than five nor more than ten days 
before the day upon which the first vote is to be taken in the two 
houses of the legislature before which he is a candidate for election 
as Senator, file with the Secretary of the Senate at Washington, District 
of Columbia, a full, correct, and itemized statement of all moneys and 
things of value received by him or by anyone for him with his knowl¬ 
edge and consent, from any source, in aid or support of his candidacy, 
together with the names of all those who have furnished the same in 
whole or in part; and such statement shall contain a true and itemized 
account of all moneys and things of value given, contributed, expended, 
used, or promised by such candidate, or by his agent, representative, or 
other person for and in his behalf with his knowledge and consent, 
together with the names of all those to whom any and all such gifts, 
contributions, payments, or promises were made for the purpose of 
procuring his nomination or election. 

Every such candidate for nomination at any primary election or nomi¬ 
nating convention, or for indorsement or election at any general or 
special election, or for election by the legislature of any state, shall, 
within fifteen days after such primary election or nominating conven¬ 
tion, and within thirty days after any such general or special election, 
and within thirty days after the day upon which the legislature shall 
have elected a Senator, file with the Clerk of the House of Representa¬ 
tives or with the Secretary of the Senate, as the case may be, a full, 
correct, and itemized statement of all moneys and things of value 
received by him or by anyone for him with his knowledge and consent, 
from any source, in aid or support of his candidacy, together with the 
names of all those who have furnished the same in whole or in part; 
and such statement shall contain a true and itemized account of all 
moneys and things of value given, contributed, expended, used, or 
promised by such candidate, or by his agent, representative, or other 
person for and in his behalf with his knowledge and consent, up to, on, 
and after the day of such primary election, nominating convention, 
general or special election, or election by the legislature, together with 


NEW ELECTION LAWS 


49 

the names of all those to Whom any and all such gifts, contributions, 
payments, or promises were made for the purpose of procuring his 
nomination, indorsement, or election. 

E\ ei y such candidate shall include therein a statement of every 
promise or pledge made by him, or by any one for him with his knowl¬ 
edge and consent 01 to whom he has given authority to make any such 
. piomise or pledge, before the completion of any such primary election 
or nominating convention or general or special election or election by 
the legislature, relative to the appointment or recommendation for 
appointment of any person to any position of trust, honor, or profit, 
either in the county, state, or nation, or in any political subdivision 
thereof, oi in any private or corporate employment, for the purpose 
of procuring the support of such person or of any person in his can¬ 
didacy, and if any such promise or pledge shall have been made the 
name or names, the address or addresses, and the occupation or occu¬ 
pations, of the person or persons to whom such promise or pledge 
shall have been made, shall be stated, together with a description of 
the position relating to which such promise or pledge has been made. 
In the event that no such promise or pledge has been made by such 
candidate, that fact shall be distinctly stated. 

No candidate for Representative in Congress or for Senator of the 
United States shall promise any office or position to any person, or to 
use his influence or to give his support to any person for any office or 
position for the purpose of procuring the support of such person, or 
of any person, in his candidacy; nor shall any candidate for Senator 
of the United States give, contribute, expend, use, or promise any 
money or thing of value to assist in procuring the nomination or elec¬ 
tion of any particular candidate for the legislature of the State in 
which he resides, but such candidate may, within the limitations and 
restrictions and subject to the requirements of this act, contribute to 
political committees having charge of the disbursement of campaign 
funds. 

No candidate for Representative in Congress or for Senator of the 
United States shall give, contribute, expend, use, or promise, or cause 
to be given, contributed, expended, used, or promised, in procuring 
his nomination and election, any sum, in the aggregate, in excess of 
the amount which he may lawfully give, contribute, expend, or promise 
under the laws of the state in which he resides: Provided, That no 
candidate for Representative in Congress shall give, contribute, expend, 
use, or promise any sum, in the aggregate, exceeding five thousand dol¬ 
lars in any campaign for his nomination and election; and no candidate 
for Senator of the United States shall give, contribute, expend, use, or 
promise any sum, in the aggregate, exceeding ten thousand dollars in 
any campaign for his nomination and election: Provided further, That 
money expended by any such candidate to meet and discharge any 
assessment, fee, or charge made or levied upon candidates by the laws 
of the state in which he resides, or for his necessary personal expenses, 
incurred for himself alone, for travel and subsistence, stationery and 
postage, writing or printing (other than in newspapers), and distributing 
letters, circulars, and posters, and for telegraph and telephone service, 
shall not be regarded as an expenditure within the meaning of this 
section, and shall not be considered any part of the sum herein fixed 
as the limit of expense and need not be shown in the statements herein 
required to be filed. 

The statements herein required to be made and filed before the gen¬ 
eral election, or the election by the legislature at which such candidate 
seeks election, need not contain items of which publicity is given in a 
previous statement, but the statement required to be made and filed 
after said general election or election by the legislature shall, in addi¬ 
tion to an itemized statement of all expenses not theretofore given 
publicity, contain a summary of all preceding statements. 

Any person, not then a candidate for Senator of the i nited States, 


50 


new election laws 


who shall have given, contributed, expended, used, or promised any 
money or thing of value to aid or assist in the nomination or election 
of any particular member of the legislature of the State in which he 
resides, shall, if he thereafter becomes a candidate for such office, or 
if he shall thereafter be elected to such office without becoming a 
candidate therefor, comply with all of the provisions of this section 
relating to candidates for such office, so far as the same may be appli¬ 
cable; and the statement herein required to be made, verified, and filed 
after such election shall contain a full, true, and itemized account of 
each and every gift, contribution, expenditure, and promise whenever 
made, in any wise relating to the nomination or election of members 
of the legislature of said state, or in any wise connected with or per¬ 
taining to his nomination and election of which publicity is not given 
in a previous statement. 

Every statement herein required shall be verified by the oath or 
affirmation of the candidate, taken before an officer authorized to admin¬ 
ister oaths under the laws of the state in which he is a candidate, and 
shall be sworn to or affirmed by the candidate in the district in which 
he is a candidate for Representative, or the state in which he is a 
candidate for Senator in the Congress of the United States: Provided, 
That if at the time of such primary election, nominating convention, 
general or special election, or election by the State legislature said 
candidate shall be in attendance upon either House of Congress as a 
member thereof, he may at his election verify such statements before 
any officer authorized to administer oaths in the District of Columbia: 
Provided further: That the depositing of any such statement in a reg¬ 
ular post office, directed to the Clerk of the House of Representatives 
or to the Secretary of the Senate, as the case may be, duly stamped 
and registered within the time required herein shall be deemed a suffi¬ 
cient filing of any such statement under any of the provisions of this 
Act. 

This Act shall not be construed to annul or vitiate the laws of any 
state, not directly in conflict herewith, relating to the nomination or 
election of candidates for the offices herein named, or to exempt any 
such candidate from complying with such state laws. 

Section 9. Certain Expenditures Excepted from Provisions of Sec¬ 
tion 7—That any person may in connection with such election incur and 
pay from his own private funds for the purpose of influencing or con¬ 
trolling, in two or more states, the results of an election at which 
Representatives to the Congress of the United States are elected, all 
necessary personal expenses for his traveling, for stationery, and post¬ 
age, and for telegraph and telephone service without being subject to 
the provisions of this Act. 

Section 10. Certain Legal Expenses Authorized—That nothing con¬ 
tained in this Act shall limit or affect the right of any person to spend 
money for proper legal expenses in maintaining or contesting the results 
of any election. 

Section 11. Penalty for Violating Provisions of Act—That every per¬ 
son wilfully violating any of the foregoing provisions of this Act shall, 
upon conviction, be fined not more than one thousand dollars or im¬ 
prisoned not more than one year, or both. 


new election eaws 


51 


INDEX. 

References are to Paragraphs of the Text. 


Accounts: 

See Returns of Expenditures. 

For primaries, approval of. 93 

Advertising-: 

Under'Corrupt Practices Act....45, 46 
Under Primary Election Law...71, 77 

Ag-ents: 

See Political Agents. 

Soliciting Agents. 

Aldermen: 

See Candid tes. 

Contributions. 

Expenditures. 

In elections by, C. P. Act applies.. 2 
Primary law provisions concerning 95 


Appointments: 

Of treasurers . 40 

Of political agents. 55 

Of treasurers, forms for.103 

Of political agents, forms for.103 

Assessors of Plantations . 97 

“Assistants” of Candidates . 69 

Associations: 

See Corporations. 

Organizations. 

When subject to Federal Act. 10 

Attorneys: 

Committees may employ when.... 48 
For candidates, may inspect ret’ns 64 

Expenditures for services of. 81 

Australian Ballot Law: 

Elections under, C. P. Act applies. . 2 

Still applies to caucuses. 8 

Nominations still made under. 9 

Caucuses under . 32 

Applies to primaries. 91 

Ballot Clerks .102 

Ballots: 

Printing and distribution of. 47 

If no acceptance, not to be on.... 65 
Primaries, separate for each party 89 
Each party has separate color.... 89 

Form, color and contents. 89 

Duties of Secretary of State. 94 

Blanks: 

See Forms. 

For primary election returns. 94 

For enrollment, how furnished.... 99 

Boards of Aldermen: 

Elections by, C. P. Act applies. ... 2 


Primary law provisions concerning 95 

Boards of Registration: 

Preparation of primary lists by... 98 


Books . 4 g 

Campaign Funds: 

See Contributions. 

Expenditures. 

Surplus Funds. 

Campaigns: 

See Primary Elections. 

Non-Primary Elections. 

Candidates: 

See Candidates’ Committees. 

Who nominated at primaries. 1 

To what, C. P. Act applies. 2 

Not nominated at conventions.6,7 

Vacancies .6,7,16,62,92 

Nominat’ns under Australian B. L. 9 
For primaries may solicit funds . . 18, 78 

Same, continued ..67, 83 

And disburse them. 18 

AVho may solicit from.18,26,38 

May organize clubs.35,66 

May be their own pol. a’s. . . .55, 57, 70 
Advantage of same at primaries. . 67 
Effect of failure to appoint one. . . 70 
May also appoint third persons. .57, 67 
Number and location of their p. a’s 67 

How and when nominated.... 60 

Persons become candidates when.. 61 
Result of primary how determined 63 

May inspect primary returns. 64 

To be notified of corrections. 64 

To file written acceptance. 65 

Return must accompany acceptance 65 
Must know of all primary expenses 67 
May receive contributions when. 67. 83 

Same, continued.18, 78 

May act before filing design’n. . .68, 70 

Need not “appoint” assistants. 69 

Primary Expenditures. 
Enumerated and discussed.... 71 to 82 

Effect, if p. a. not appointed. 70 

“Miscellaneous” how construed.... 71 

Expenditures limited . 72 

What additional items allowed.... 72 
Ten per cent “Miscellaneous” limit 73 
Effect of exceeding said 10 p. c.. . . 73 
Liabilities and promises included. . 74 


Effect of exceeding limit. 75^ 

Clerk Hire defined. 76 

Newspaper Advertising defined.... 77 

Soliciting Agents defined. 78: 

Ante-nomination expenditures. 79' 

Post-nomination expenditures. 79' 

May pay for legal services.64, 81. 














































5 2 


new election laws 


References are to Paragraphs of the Text. 


Candidates:—Continued. 

Non-Primary Expenditures. 

Enumerated and discussed.... 45 to 51 

Effect, if p. a. not appointed. 70 

Printing and Circulating defined.. 46 

Political Newspapers defined. 46 

Political Pamphlets defined. 46 

Political Books defined. -*6 

Printing and Distributing defined.. 47 

Ballots defined . 47 

Clerks and Other Persons defined. . 48 

In Committee Rooms defined. 48 

At the Polls defined. 48 

Use of cigars, liquor, etc. 48 

Treating . 48 

Legal services .48,81 

Traveling expenses defined. 49 

Lunches and tips en route. 49 

Hotel bills en route. 49 

Travel of political agents. 49 

“Necessary” defined . 50 

Express Charges defined. 50 

Conveyance Charges defined. 50 

Cannot pay for “loss of time”.... 50 

Incidental Expenses defined. 51 

Liabilities and promises included.. 7 4 

Ante-nomination expenditures. 79 

Post-nomination expenditures. 79 


Expenditures under Federal Act... 82 

Disposal of surplus funds. 84 

Can contribute to whom. 80 

Returns by, in detail. 85 

Penalty for perjury in returns. ... 86 

Liabilities of, in detail. 86 

Promises by, when prohibited. 86 

Names how arranged on ballot.... 89 
Lists of transmitted and pub’d. . . . 94 

How notified of nomination. 94 

Posting lists of. 99 

Secretary of State has forms for.. 103 
Candidates’ Committees: 

See Political Committees. 

Are political committees.35, 36, 66 

How created . 35 

May appoint treasurer.35,40 

Designation where filed.21,39 

Number and status. 36 

Organization; vacancies . 37 

Cannot solicit other candidates.... 38 

Powers, duties and liabilities. 39 

Canvass: 

See Primary Election Returns. 

Canvassers: 

May be employed for what purposes 48 

Caucuses: 

See Legislative Caucuses. 

Defined in Corrupt Practices Act.. 2 
To what caucuses that act applies 2 
Not affected by primary law. 8 


Caucuses:—Continued. 

Duties of certain committee.3. . . .31, 32 


Ballots and pasters for. 47 

Certificates: 

Of organization of State Corn’s.... 13 

Of filling of vacancies therein. 14 

From certain committees not req’d 29 

! Chairmen of Committees: 


To be chosen.13,25,32 


Certification thereof.13, 25, 32 

Cigars ... 48 

City Clerks: 

See Town Clerks. 

City Committees: 


See Political Committees. 

Are political committees. 28 

May solicit from candidates. 26 

How chosen; tenure. 27 

Number and status. 28 

Organization; no certificate. 29 

Vacancies how filled. 30 

General powers and duties.31,34 

Must have chairman and secretary 32 

Liabilities . 34 

Treasurer’s designation, filing of. . 34 
City Council: 

Caucuses of, C. P. Act applies.... 2 
Elections by, C. P. Act applies.... 2 
City Officers: 

See Candidates. 

Contributions. 

Expenditures. 


Not elected at primaries.1,8 

Solicitation of, when candidates... 26 
Clark Hire: 

See Employees. 


Under Corrupt Practices Act....45, 48 
Under Primary Election Law...71, 76. 
May extend to soliciting funds.... 78 

Clerk of U. S. House of Represent’s: 


Returns when to be made to. 85 

Clerks: 

See Clerk Hire. 

Employees. 

Town Clerks. 

“In committee rooms” defined. 48 

“At the polls” defined. 48 

Compensation of . 48 

Clubs: 

See Candidates’ Committees. 

Not to solicit candidates. 26 

Combinations: 

See Candidates’ Committees. 
Corporations. 

Committee Rooms: 

Rental of . 45 


Payment of employees in.48,81 

Committees: 

See Political Committees. 

National Committees. 




































































NEW ELECTION LAWS 


53 


References are to Paragraphs of the Text. 


Committees: —Continued. 

See Congressional Campaign Corn’s. 
State Committees. 

District Committees. 

County Committees. 

City Committees. 

Town Committees. 

Plantation Committees. 

Ward Committees. 

Candidates’ Committees. 

Common Council: 

Caucuses of, C. P. Act applies.... 2 
Elections by, C. P. Act applies.... 2 

Companies: 

See Corporations. 

Not to solicit candidates. 26 

Congress: 

See Congressional Campaign Corn’s. 
Representatives to Congress. 
United States Senators. 

Congressional Campaign Committees: 


Are subject to Federal Act. 10 

May solicit from candidates. 26 

Connecticut: 

Our C. P. Act derived from. 2 

Soliciting candidates . 26 

Compensating public speakers. 49 

“Necessary” defined . 50 

Conveyance of voters. 50 

Time of U. S. Senatorial candidacy 61 

Returns by such candidates. 61 

Newspaper Advertising . 77 

Ante-nomination payments . 79 


Return is after “final” election.... 85 

Consent: 

See Written Consent. 

Contributions: 

See Expenditures. 

Treasurers. 

Political Agents. 

Candidates. 

Who may solicit.18,22,26,43,58 

Same, continued .67,83 

To be in donor’s own name.18,54 

From corpor’ns when forbidden .. 18, 26 

From outside the State. 19 

Before filing designation.20,42,68 

Soliciting candidates when forb’n. 26 

Disposal of surplus.52, 59,84 

Candidates can make to whom.... 80 

Corrections: 

Of primary voting lists.. .95, 96, 97, 98 
Of primary election returns. 64 

Conventions: 

See State Conventions. 

District Conventions. 

County Conventions. 

What, are subject to C. P. Act.... 2 

Hiring halls and music for. 45 


Conveyance Charges: 

See Traveling Expenses. 

Treasurer only to pay bills. 48 

Include what . 50 

Corporations: 


U. S. act as to contributions by. .18, 26 

Corrupt Practices Act: (Page 42). 

See Connecticut. 

Nature and history of. 2 

Applies to what elections, etc.2,4 

How affected by primary law. 4 

Secretary of State has forms for.. 103 
County Committees: 

See Political Committees. 

Elected at State Convention. 6 

Fill vacancies in State Corn’s. 14 

Certification thereof . 14 

Powers, duties and liabilities. 25 

Cannot solicit from candidates.... 26 
County Conventions: 

Corrupt Practices Act applies to. . . 2 

Powers and duties. 7 

Cannot nominate candidates. 7 

Exception in case of vacancies. ... 7 

Hiring halls and music for. 45 

County Officers: 

See Candidates. 

Contributions. 

Expenditures. 


Are nominated at primaries. 1 

Solicitation of, when candidates... 26 

Courts: 

May decide question of expend's. . 75 

“Davies” Act: 

Primary Election Law is known as 1 
Repealed the “Pennell” Act. 1 

Death: 

See Vacancies. 

Of candidates; procedure ... 6, 7, 16, 6 
New elections in case of. 9 


Delegates: 

When subject to Corrupt P. A. 2 

Designations: 

See Written Designations. 

Detectives . 48 

Directors: 

Of corporations, liabilities of. 18 

Disbursements: 

See Expenditures. 

District Committees: 

See Political Committees. 

Are elected at State Conventions.. 6 

Powers, duties and liabilities. 25 

Cannot solicit from candidates.... 26 
District Conventions: 

Corrupt Practices Act applies to.. 2 

General powers and duties. 7 

Cannot nominate candidates. 7 

Exception in case of vacancies.... 7 
Hiring halls and music for. . .•. 45 


LO LO 




















































54 


NEW ELECTION laws 


Election Officials: 

Primary law provisions. 

Elections: 

See Australian Ballot Law. 

Primary Elections. 

Non-Primary Elections. 
Legislative Elections. * 

Primary Election Law. 

Corrupt Practices Act. 

Election Warrants. 

See Primary Election Warrants. 
Electors: 

See Presidential Electors. 

Vice-Presidential Electors. 
Emoluments: 

See Contributions. 

Promises. 

Employees: 

See Canvassers. 

Attorneys. 

Clerks. 

Clerk Hire. 

Detectives. 

“In committee rooms” defined. 48 

“At the polls” defined. 48 

Compensation of .... 48 

Not to influence voters. 48 

Enrollment: 

See Registration. 

Of voters for primaries. 88 

None in towns of 2000 or less.... 88 

Blanks, how furnished. 99 

Lists, how furnished....96, 99,100 

Duty of ballot clerks as to.102 

Executive Committees: 

What committees are.12,25,28 

Candidates’ committees are not.... 36 
Expenditures: 

See Contributions. 

Treasurers. 

Political Agents. 

Candidates. 

At Primary Elections. 
Committees cannot make. .16, 25, 34, 39 

Treasurers cannot make. 44 

Pol. Ag’ts may make.67, 71 to 82 

Candidates may make.^.71 to 82 

Personally or by political agent... 67 

Effect, if p. a. not appointed. 70 

Caution as to appointing p. a. 67 

“Miscellaneous” how construed.... 71 
Before filing designation.. 20, 42, 58, 68 

Limitation of . 72 

Ten per cent Miscellaneous limit. . 73 
Effect of exceeding 10 per cent. ... 73 
Liabilities and promises included. . 74 

Excessive, forfeit nomination. 75 

Printing . 71 

Clerk Hire defined. 76 

Newspaper Advertising defined.... 77 


Expenditures:—Continued. 

At Primary Elections —Continued. 


Hall Rent . 71 

Soliciting Agents defined. 78 

Miscellaneous defined . 71 

Before nomination . 79 

After nomination . <9 

Contributing campaign runds. 80 

For legal services. 64,81 

Under Federal Act. 82 

Disposal of surplus by pol. ag’ts. . 59 

Same, by candidates. 8 4 

Returns by candidates. 85 

Returns by political agents. 53,58 

Penalty for perjury in returns. ... 86 

Blank? for returns... 94 

Preservation of returns. 94 

Secretary of State passes on....75,94 

His decision is not final. 75 

Forms for returns of...103 

At Non-Primary Elections. 
Com’teemen cannot make.. 22, 25, 34, 39 
Treasurers can make. . .18, 43, 45 to 51 

Political agents can make. 58 

Candidates can make.45 to 51 

Personally or by political agent. . . 67 

Effect, if p. a. not appointed. lO 

Before filing designation .. 20, 42, 58, 68 
Printing and Circulating defined. . 70 

Political Newspapers defined. 46 

Political Pamphlets defined. 46 

Political Books defined. 46 

Ballots defined . 47 

Clerks and Other Persons defined.. 48 

In Committee Rooms defined. 48 

At the Polls defined. 48 

Use of cigars, liquor, etc. 48 

Treating . 48 

Legal services .48, 8l 

Traveling expenses defined. 49 

Lunches and tips en route. 49 

Hotel bills en route. 49 

Travel of political agents. 49 

“Necessary” defined . 50 

Express Charges defined. 50 

Conveyance Charges defined. 50 

Cannot pay for “loss of time”.... 50 

Incidental Expenses defined. 51 

Returns of, by treasurers. 53 

Returns of, by political agents.... 58 

Returns of, by candidates. 85 

Committeemen make no return.... 23 
No limit under Corrupt P. Act. ... 72 
Liabilities and promises included. . 74 

Ante-nomination expenditures. 79 

Post-nomination expenditures. 79 

Contributing campaign funds. 80 

Under Federal Act. 82 

Penalty for failure to return. 86 


Disposal of surplus by treasurers 52 


References are to Paragraphs of the Text. 

91 to 103 



































































new election laws 


55 


References are to Paragraphs of the Text. 


Expenditures—Concluded. 

At Non-Primary Elections—Cont. 

Same, by political agents. 59 

Same, by candidates. 84 

Blanks for returns. 94 

Forms for returns.103 

Express Charges: 

Under Corrupt Practices Act. 50 

Under Primary Election Law. 71 

Federal Publicity Act: (Page 46). 

Nature and history of. 3 

Applies to what elections. 4 

Applies to political coin’s when.... 10 
Effect of out-of-state eontrib’ns. . . 19 

Expenditures under . 82 

Returns under.53, 58, 85 

Penalties provided by. 86 

Forms: 

See Blanks; 

Returns under primary law.71,94 

Secretary of State to furnish.103 

Funds: 

See Contributions. 

Expenditures. 

Surplus Funds. 

General Committees: 

What committees are.12,25,28 

Candidates’ committees are not. ... 36 
Gifts: 

See Contributions. 

Promises. 

Treating. 

Governor: 

Statutory provisions concerning. . 92 
Governor and Council: 

To canvass primary returns. 63 

May correct primary returns. 64 

Statutory provisions concerning. . 93 

Hall Rent .45,71 

Halls .45, 71 

Hotel Bills . 49 

House of Representatives: 

Caucuses of, C. P. Act applies. 2 

Also, to elections by. 2 

Incidental Expenses . 51 

Legal Services .48,64, 81 

Legislative Caucuses: 

Corrupt Practices Act applies to.. 2 
For IT. S. Senators done away with 8 

But not for State officers. 1 

Legislative Elections: 

Corrupt Practices Act applies to. . 2 

Contributions by corporations at. . 18 

Designations filed before.20,41,42 

Who are “candidates” at. 61 

Who cannot expend for. 80 

Not to be procured by promises... 86 
Legislature: 

See Members of Legislature. 

Caucuses of, C. P. Act applies. 2 

Also, to legislative elections. 2 


Liabilities: 

See Expenditures. 

Liabilities Incurred. 

Promises. 

Of corporations and their officers.. IS 


Of State Committees . z4 

Of District and County Committees 25 

Of other committees . 34,39 

Of treasurers of committees. 54 

Of political agents . 58 

Of candidates . 86 

Of voters . 90 

Liabilities Incurred: 

Returns to show. 53,74 

No limit under Corrupt P. Act.... 72 
Limitations under primary law.... 72 

Liquor . 48 

Lists: 

Of voters . 87, 98 

Of candidates . 94,99 

Enrollment, furnishing of. . .96, 99, 100 

Loss of Time: 

Voter cannot be paid for. 50 

Lunches . 49 

Mayor and Aldermen: 


Statutory provisions concerning. . 95 
Meetings: 

See Conventions. 

Caucuses. 

What, are subject to C. P. Act.... 2 


Hiring halls and music for. 45 

Ballots and pasters for. 47 

Members of Legislature: 

See Candidates. 

Contributions. 

Expenditures. 


To be nominated at primaries. 1 

Caucuses of, C. P. Act applies.... 2 

Also, to legislative elections. 2 

Expenses for primaries limited. ... 72 
Who cannot pay for election of... 80 

Miscellaneous Expenditures: 

Under Primary Election Law. 71 

Ten per cent limit at primaries. . . 73 
Excess not necessarily fatal. 73 

Money: 

See Contributions. 

Expenditures. 

Surplus Funds. 

Municipal Officers: 

Elections by, C. P. Act applies.... 2 
Statutory provisions concerning. . 95 


Music . 45,71 

Names: 

See Lists. 

Of donors, and donees in ret’ns. .53, 54 
How arranged on ballots. 89 

National Banks: 


U. S. Act as to contributions by. . . IS 






























































56 


new election laws 


References are to Paragraphs of the Text. 


National Committees: 

See Political Committees. 

Are subject to Federal Act. 10 

May solicit from candidates. 26 

“Necessary”: 

Defined . 50 

Newspaper Advertising 1 : 

Under Primary Election Law...7i, 77 
Under Corrupt Practices Act....45, 46 

Newspapers . 46 

Nominating 1 Conventions: 


What, are subject to C. P. Act.... 2 

None, for primaries; exceptions... 6, 7 


Nomination Fapers: 

Under Australian Ballot Law. 9 

For primaries . 60 

Condition precedent to “candidacy” 61 

“Soliciting 1 Agents” defined. 78 

Filing and preservation of. 94 


Secretary of State has forms for.. 103 
Nominations: 

See Candidates. 

Nominating Conventions. 
Nomination Papers. 

Of what officers, at primaries. 1 

C. P. Act applies to what. 2 

When not made by conventions... 6, 7 
Primary law does not apply when 8 
Who deemed nominated at primaries 63 
Secretary of State to give notice. . 65 
Not to be procured by promises. . . 86 

Registration of . 94 

Non-Primary Elections: 

See Contributions. 

Expenditures. 

Australian Ballot Law. 
Nominations, when not by primaries 1 
Campaigns, how managed 17, 25, 34, 39 

Designations filed before. 20,41,42 

Not to be procured by promises... 86 
Notices: 

See Lists. 

To candidates of nomination. 94 

Officers: 

See Candidates. 

Public officers. 

Contributions. 

Expenditures. 

Who are nominated at primaries. . 1 

Of corporations, liabilities of. 18 


Official Ballots: 

See Ballots. 

Organizations: 

See Corporations. 

W r hen subject to Federal Act. 10 

Not to solicit candidates. 26 

Pamphlets . 46 

Party Platforms .6,7 

Pasters: 

Printing and distribution of. 47 

Voters may use at primaries. 89 


Penalties: 

See Liabilities. 

“Pennell” Act: 

Repealed by “Davies” Act. 1 

Perjury: 

In returns, how punished. 86 


Plantation Clerks: 

See Town Clerks. 

Plantation Committees: 

See Political Committees. 


How chosen; tenure. 27 

Number and status. 28 

Organization; no certificate. ..'.... 29 

Vacancies how filled. 30 

Powers, duties and liabilities. . . .31, 34 


Must have chairman and secretary 32 
Treasurer’s designation where filed 34 
Plantation Officers: 

See Candidates. 

Contributions. 

Expenditures. 

Nomination is not by primaries... 1, 8 
Nor is election by primaries.1,8 

Plantations: 

See Assessors of Plantations. 
Plantation Officers. 

Town Clerks. 

Platforms .6,7 

Political Agents: 

See Candidates. 

Contributions. 

Expenditures. 

Defined; how appointed. 49,55,67 

Number and location. 67 

Candidates may be own. 55,57,70 

Appointment may be oral. 68 

To file designation before election 56 

Effect of failure to appoint. 70 

May act before filing designation.. 68 

Powers, duties and liabilities. 58 

Subject to candidate’s direction... 58 

Mere assistants are not. 69 

Contributions to. 18,58,79,80,83 

Expend’s for primaries .... 18, 71 to 82 
Expend’s for non-primaries ... 45 to 51 

Disposal of surplus funds. 59 

Returns by . 85 

Forms for appointment of.103 

Secretary of State lias forms for..103 

Political Books . 46 

Political Caucuses: 

See Caucuses. 

Political Committees: 

See National Committees. 

Congressional Campaign Coin’s. 
State Committees. 

District Committees. 

County Committees. 

City Committees. 

Town Committees. 

Plantation Committees. 















































NEW EEECTION EAWS 


57 


References are to Paragraphs of the Text. 


Political Committees :—Continued. 

See Ward Committees.' 

Candidate’s Committees. 
Contributions. 

Expenditures. 

When subject to Federal Act. 10 

What committees are.12,25,28,36 

Same, continued . 66 

Treasurers’ designations. .21, 25, 34, 39 

Same, continued . 41 

Rental of rooms for. 45 

Employees not to influence voters 48 
Traveling expenses may be paid.. 49 
Political Conventions: 

See State Conventions. 

District Conventions. 

County Conventions. 

What, are subject to C. P. Act.... 2 


Hiring halls and music for. 45 

Political Newspapers . 46 

Political Pamphlets . 46 

Political Parties: 

Defined . 11 

Choose certain committees. 27 

And prescribe their tenure. 27 

And method of organization. 29 

And their duties. 31 


Have separate ballots at primaries 89 

Polls: 

“Employed at the Polls’’ defined. . 48 

Postage: 

Expenditures for. 45,70,71 

Not included in expense limit.... 72 
When to be returned. 85 

Posters . 45 

Presidential Electors: 

Solicitation of candidates for. 26 

Primaries: 

Hiring halls and music for. 45 

Primary Election Law: (Page 30). 

See Primary Elections. 

Is known as “Davies” Act. 1 

“Davies” Act repealed “Pennell” Act 1 

Nature and history. 1 

Applies to what nominations. 1 

Repeals parts of C. P. Act. 4 

Applies only to primaries. 4 

Application to conventions.6,7 

Does not apply to caucuses. 8 

Primary Election Returns: 

Canvassed by Governor and C’l. .63, 93 

How corrected . 64 

Blanks for . 94 

Examination of, by aldermen. 95 

Attestation of.96, 97, 99, 100, 101 

Primary Elections: 

See Contributions. 

Expenditures. 

Primary Election Law. 

Returns of Expenditures. 


Primary Elections: —Continued. 

When held . i 

What officers nominated at. 1 

Held for what nominations only.. 1 
Defined in Corrupt Practices Act.. 2 
Corrupt Practices Act applies to.. 2 

What laws govern. 4 

Vacancies .6,7,16,62,92 

Committees cannot conduct. . 16, 25, 34 

Same, continued . 39 

But candidates and their p. a’s may 18 

Soliciting funds for.18,83 

Contributions by corporations at.. 18 


Who may receive funds for.18,44 

Who may disburse funds for. . . .18, 44 
What officers not concerned with.. 44 

Nominations of candidates by. 60 

Nomination papers for. 60 

Result of election how determined 63 

Political agents for. 67 

Caution as to such appointments.. 67 

Effect, if p. a. not appointed. 70 

Not to be procured by promises... 86 

Registration of voters for. 87 

Enrollment of voters for. 88 

Method of voting at. 89 

Usual election laws in force. 91 

Duties of officials at.91 to 102 

Approval of accounts for. 93 

Warrants for .95,96 

Secretary of State has forms for..103 

Frimary Election "Warrants . 95,96 

Printing: 

Under Corrupt Practices Act.... 45, 70 
Under Primary Election Law...70, 71 

Of political newspapers, etc. 46 

Of ballots and pasters. 47 


Proclamations: 

For new elections, when made. ... 92 

Promises: 

Of payment) must be returned.... 74 


By candidates, when prohibited... 86 

Publication: 

See Advertising. 

Of lists of candidates. 94 

Fublic Halls .45, 71 

Public Meetings: 

Hiring halls and music for. 45 

Public Officers: 

Primary law provisions.91 to 103 

Public Primaries: 

Hiring halls and music for. 45 

Public Speakers: 

Only their travel can be paid. 49 

Registration: 

See Enrollment. 

Of voters for primaries. 87,98 

Of nominations . 94 

Rent ...45, 71 


































































NEW ELECTION laws 



References are to Paragraphs of the Text. 


1 

10 

26 

82 

85 

86 


Representative Class Committees: 

See Political Committees. 

How chosen; tenure. 27 

Number and status. 28 

Organization; no certificate. 29 

Vacancies how filled. 30 

General powers and duties.31,34 

Must have chairman and secretary 32 

Cannot solicit from candidates.... 33 

Liabilities . 34 

Treasurers’ designations.34,41 

Treasurers file returns where. 53 

Representatives to Congress: 

See Candidates. 

Contributions. 

Expenditures. 

Are nominated at primaries..:.. 
Elections, Fed. Act applies when 
Solicitation of, when candidates. 
Expenditures under Federal Act 
Returns by candidates in detail. 

Liabilities of candidates. 

Representatives to Legislature: 

See Candidates. 

Contributions. 

Expenditures. 

Are nominated at primaries. 1 

Caucuses of, Corrupt P. Act applies 2 

Also, to legislative elections. 2 

Expenses for primaries limited.... 72 
Who cannot pay for election of. . . 80 

Resolutions . 7 

Returns: 

See Primary Election Returns. 

Returns of Expenditures: 

See Accounts. 

Expenditures. 

Committees as such make none. ... 23 

By treasurers . 53 

By political agents. 58 

By candidates . 85 

What candidates excused from.... 61 

Must accompany acceptance. 65 

Forms for, under primary law.... 71 
What may be omitted, primary law 71 

Perjury in, how punished.... 86 

Penalty for failure to make. 86 

Secretary of State passes on....75,94 

His decision is not final. 75 

Preservation of . 94 

Blanks for . ...94,103 

Rooms: 

See Committee Rooms. 

Rental of, for committees. 45 

Secretaries of Committees: 

To be chosen. 13,25,32 

Certification thereof.13, 25, 32 

Secretary of State: 

Party platforms certified to. 6 

Committees to be certified to. . . .13, 25 


Secretary of State:—Continued. 

Filled vacancies certified to. 14,25 

Treas’rs’ design’s filed with. 41,56 

Returns made to. 53,58,85 

Furnishes blanks for returns. .. .53, 94 
Primary nominations filed with... 60 

Duty if tie vote at primaries. 63 

Candidates to mail acceptance to.. 65 
To give notice of nominations.... 65 

Duties as to ballots. 65,94 

Passes upon primary expend’s. . 75, 94 

Decision not final. 75 

Statutory provisions concerning. . 94 

To furnish various forms.103 

Secretary of U. S. Senate: 

Returns when to be made to. 85 

Selectmen: 

Statutory provisions concerning. . 96 

Senate of Maine: 

See Candidates. 

Nominations for to be at primaries 1 
Caucuses of, C. P. Act applies;... 2 

Also, to elections by. 2 

Limitation of primary expenses... 72 
W T ho cannot pay for election of. . . 80 
Senators: 

See State Senators. 

United States Senators. 

Senate of Maine. 

Soliciting Agents. 71,78 

Soliciting Contributions: 

See Contributions. 

Speakers: 

Only their travel can be paid. 49 

State Committees: 

See Political Committees. 

Elected at State Conventions. 6,11 

Fill vacancies in candidacy when 6, 62 

Number and status. 12 

Organization; certificate thereof. . . 13 

Vacancies in, how filled. 14 

Certification thereof. 14 

General powers and duties. 15 

May elect what officers. 15 

Tenure of office. 15 

Have nothing to do with primaries 16 
Powers and duties, other elections 17 

Conduct campaigns when. 17 

Receipts by members of. 18,22 

Disbursements by members of.. 18, 22 
May solicit contributions when..18, 26 
Effect of out-of-state contributions 19 

Should appoint treasurers. 20 

Treasurers to file designations. ... 21 
Com. as such makes no returns. . . 23 

Liabilities of . 24 

State Conventions: 

Corrupt Practices Act applies to.. 2 

Powers and duties. 6 

Cannot nominate candidates. 6 

























































NEW ELECTION LAWS 


59 


References are to Paragraphs of the Text. 


State Conventions:—Continued. 

Exception in case of vacancies... 6 

When held . 6 

Hiring halls and music for. 45 

Statements: 

See Certificates. 

Notices. 

Returns of Expenditures. 

Written Acceptances. 

Written Consents. 

State Officers: 

See Candidates. 

Contributions. 

Expenditures. 

Are nominated at primaries. 1 

But some at legislative caucuses.. 1 
Solicitation of, when candidates. . . 26 
State Senators: 

See Candidates. 

Contributions. 

Expenditures. 

Are nominated at primaries. 1 

Caucuses of, Corrupt P. Act applies 2 

Also, to legislative elections. 2 

Expenses for primaries limited.... 72 
Who cannot pay for election of. ... 80 
Stationery: 

Expenditures for.45, 70,71 

Not included in expense limit. 72 

When to be returned. 85 

Stickers: 

Printing and distribution of. 47 

Voters may use at primaries. 89 

Surplus Funds: 

See Contributions. 

Expenditures. 

How disposed of by treasurers.... 52 

Same, by political agents. 59 

Same, by candidates. 84 

Telegrams .45,70,71 

Telephones .45,70,71 

Tie Vote: 

At primaries, how settled. 63 

Tips . 49 

Town Clerks: 

Designations when filed with . . . . 41, 56 
Returns of expenditures to. . .53, 58, 85 
Get blanks from Secretary of State 53 

Same, continued. 94 

Statutory provisions concerning. . 99 
Town Committees: 

See Political Committees. 

May solicit from candidates. 26 

How elected; tenure. 27 

Number and status. 28 

Organization; no certificate. 29 

Vacancies how filled. 30 

General powers and duties.31,34 

Must have chairman and secretary 32 

Liabilities . 34 

Treasurer’s designation where filed 34 


Town Officers: 

See Candidates. 

Contributions. 

Expenditures. 

Not elected by primaries.1,8 

Solicitation of, when candidates.. 26 
Traveling Expenses: 

See Conveyance Charges. 

Defined; what are legitimate. 49 

Expenditures for .70,71 

Not included in expense limit. 72 

Of voters, payment of. 50 

When to be returned. 85 

Treasurers: 

See Candidates. 

Contributions. 

Expenditures. 

When subject to Federal Act. 10 

To receive contributions.18,22,43 

To make expenditures.18,22,43 

Effect of out-of-state contributions 19 

May be appointed orally.20,40 

May act before filing desig’n. . . .20, 42 
To file desig’n before election... 20, 41 

Several may be appointed. 20 

Solicitation of corporations by.... 26 

How appointed . 40 

General powers and duties. 43 

Have, nothing to do with primaries 44 
List of legitimate expend’s. . . . 45 to 51 

Disposal of surplus funds. 52 

Returns of expenditures by. 53 

Liabilities of . 54 

Forms for appointment of.103 

Secretary of State has forms for.. 103 

“Treating” . 48 

Typewriters . 51 

United States: 

See Federal Publicity Act. 

National Committees. 
Congressional Campaign Corn’s. 
Presidential Electors. 
Vice-Presidential Electors. 
Representatives to Congress. 
United States Senators. 
Corporations. 

United States Senators: 

See Candidates. 

Contributions. 

Expenditures. 

How and when nominated. 1,60 

Solicitation of, when candidates. . . 26 

Become “candidates” when. 61,66 

Excused from returns when. 61 

Vacancies in candidacy; procedure 62 

Primary expenditures limited. 72 

Contributions by candidates for. . . 80 
Cannot pay for legislative elections 80 
Expenditures under Federal Act... 82 
Contributions to candidates for.... 83 


















































4 1912 


6o 


NEW ELECTION laws 


References are to Paragraphs of the Text. 


United States Senators: —Continued. 
Returns by candidates in detail... 

Liabilities as candidates. 

Vacancies: 

In candidacy .6, 7, 16, 62, 92 


In State Committees, how filled... 14 

Certification thereof . 14 

In certain committees, how filled. . 30 
In candidates’ committees, same.. 37 

By exceeding- expense limit. 75 

New elections in case of. 92 

Vehicles: 

See Traveling Expenses. 

Conveyance of voters by. 50 

Vice-Presidential Electors: 


Solicitation of, when candidates... 26 

Voters: 

See Primary Elections. 

Non-Primary Elections. 

Influencing, when illegal. 48 

Conveyance of, to polls. 50 

Payment of railroad fares, etc. 50 

Cannot be paid for “loss of time’’. . 50 
At primaries, must be registered.. 87 

And also enrolled. 88 

Method of voting at primaries.... 89 

Liabilities of . 90 

Voting Lists: 

Correction of. 95,96,97,98 

Ward Clerks .101 

Ward Committees: 

See Political Committees. 

May solicit from candidates. 26 

How chosen; tenure. 27 

Number and status. 28 


Ward Committees: —Continued. 

Organization; no certificate. 29 

Vacancies how filled. 30 

General powers and duties. 31,34 

Liabilities . 34 

Treasurer’s designation where filed 3 4 

Wardens .100 

Ward Officers: 

See Candidates. 

Contributions. 

Expenditures. 


Solicitation of, when candidates. . . 26 

Warrants .. 95,96 


Withdrawals: 

See Vacancies. 

Of candidates.6, 7, 16, 62, 92 

By exceeding expense limit. 75 

New election in case of. 92 

Wrappers . 77 

Written Acceptances: 

See Written Consent. 

To be filed by candidates. 65 

Failure so to do deemed refusal.. 65 

Returns must accompany. 65 

Written Consent: 

See Written Acceptances. 

Of candidates when filed. 60 

Condition precedent to candidacy.. 61 
Written Designations: 

Treasurers to file before election.. 41 

Also, political agents. 56 

Must specify period of service.. 41, 56 
Separate one for each period .... 41, 56 
Acting before filing. 42,58,68,70 


85 

86 














































